New Zealand Case Law: Decisions & Judgments

Topic

Occupational rent

Legal area

Court

30 Jun 2023

SWANSON v NORRIS [2023] NZHC 1666

Citation

[2023] NZHC 1666
Court

High Court

The Court exercised its s 339/343 powers to finalise distribution: ordered immediate reimbursement of specified proved payments to the plaintiff and estate from sale proceeds, awarded costs on a 2B basis and disbursements, directed a supplementary affidavit to establish unresolved items (repair receipts, devaluation, occupational rent, comparison of son's costs to contractor quotes), and authorised distribution of the balance only after outstanding adjustments are resolved.
28 Nov 2022

K v K [2022] NZHC 3123

Citation

[2022] NZFLR 624
Court

High Court

The Trust was a nuptial settlement whose assets were acquired and used for the family; dissolution produced a material disparity disadvantaging Mrs K. On balance of factors (children's interests, source and nature of assets, duration of relationship, need and provision of a home) the Court should exercise its s182 discretion to resettle and divide the trust assets to minimise the adverse consequences to Mrs K and, separately, remove Mr K as trustee under s112 because his continued role risked impasse and prejudice to beneficiaries and the proper administration of the trust.
28 Sept 2022

ATKINSON v POOLE [2022] NZHC 2477

Citation

[2022] NZHC 2477
Court

High Court

Because the defendant failed to engage and the plaintiff established entitlement under the Property Law Act, the court ordered sale by auction through the Registrar or, at the defendant's election, purchase of the plaintiff's share, fixed occupational rent at $460 per week and granted the plaintiff access to remove his possessions.
13 Dec 2021

CALIAN v CASSIDY [2021] NZHC 3413

Citation

[2021] NZHC 3413
Court

High Court

Sale proceeds divided on basis of equal ownership after sale; adjustments applied per Family Court mortgage apportionment and prior payments, applicant assumed deceased co-owner's apportioned mortgage liability, half of increased post-judgment borrowing allocated to applicant, occupational rent awarded to applicant but adjusted consistent with Family Court implementation intent, sale-related obstruction costs and legal costs caused by respondent's untenable opposition deducted from respondent's share, inadmissible accounting evidence from respondent rejected, litigation guardian appointment r…
7 Sept 2021

PALMER v ALALAAKKOLA [2021] NZHC 2330

Citation

[2021] NZHC 2330
Court

High Court

Copyright in artworks created during the relationship is relationship property under the PRA; the Family Court was wrong to classify that copyright as the artist's separate property; consequently the Family Court could not decline to treat copyright as divisible under the presumption of equal sharing and the matter is remitted for valuation and division to achieve equality.
30 Nov 2020

GALANTE v ORINOCO ORGANICS LTD [2020] NZHC 3154

Citation

[2020] NZHC 3154
Court

High Court

The company was deadlocked and its affairs had caused unjust detriment to both 50% shareholders, s 174 was triggered, but liquidation would be unjust and confer a tactical advantage to one party; instead the court appointed an independent receiver to preserve the company asset and administration pending resolution of relationship property proceedings.
5 Dec 2018

CASSIDY v CALIAN [2018] NZHC 3191

Citation

[2018] NZHC 3191
Court

High Court

Leave to appeal out of time is declined because the delay was significant, inadequately explained, the proposed grounds lack merit (costs and occupational rental awards were reasonable and supported by the record), and granting an extension would not be in the interests of justice; accordingly the appeal is dismissed and 2B costs awarded to the respondent.
21 Dec 2016

YATES v BEECROFT & Anor [2016] NZHC 3183

Citation

[2016] NZHC 3183
Court

High Court

High Court found respondent entitled to s18B compensation for use of her half share of SHL from separation to hearing but Family Court's methodology (12% applied to end-of-period valuation across full period) was unjustified; quashed $162,000 award and substituted a reassessed award of $95,533.54 based on (1) averaged capital value interest, (2) interest on half share of sale proceeds for period after sale, and (3) adjustment for passive income; awarded occupational rent $6,581.44 to respondent for specified period; refused appellant's request to inspect the boat and ordered boat sold with pr…
26 Jun 2014

TARR v TARR [2014] NZHC 1450

Citation

[2014] NZHC 1450
Court

High Court

The High Court upheld the Family Court's factual findings that the GEL shares were held for the respondent (transfer signed and witnessed, no credible evidence of a contrary arrangement), found no evidence that the respondent retained substantial unaccounted cash rental income, and concluded the Family Court did not err in exercising its discretion under s18B to award compensatory relief totalling $151,000 (with $75,000 to be paid from the appellant's half share); the appeal and cross‑appeal were dismissed and the Family Court's exercise of discretion was not plainly wrong.
29 May 2013

AB v BC [2013] NZHC 1247

Citation

[2013] NZHC 1247
Court

High Court

Leave to appeal was refused because the grounds advanced were not capable of bona fide and serious argument: the Cousins debt had been repaid from relationship property so no deduction was required; a separation date valuation was justified given post-separation events and unfairness to the wife; the wife's expert valuation using capitalisation of earnings was properly preferred and no error shown; the disposition of company assets legitimately removed value from the share pool; and claims for post-separation compensation and occupational rent were unsupported by reliable evidence or defeated…