New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Prenuptial agreement

Legal area

Court

26 Feb 2021

MCCARTHY v MCMANAMON [2021] NZHC 294

Citation

[2021] NZHC 294
Court

High Court

The HOA constituted a nuptial settlement but its terms were not incorporated as express terms of the formal trust deeds; plaintiff breached his fiduciary and contractual obligations by failing to vest approximately $100,000 of agreed assets into his trust, which disentitled him to specific performance; however the court exercised its broad remedial discretion under s 182 Family Proceedings Act 1980 to remedy the failure of the marriage premise and ordered monetary adjustment: Elizabeth Street Trust to make a further payment of $400,000 to the plaintiff (totaling $542,000 including prior distr…
19 Jun 2006

HFK TRUSTEES LTD V HEENAN HC INV CIV 2005-425-000223

Citation

openlaw-752a6c9c_398d_4a40_84a6_63ff07c6347c.pdf
Court

High Court

The Court held that leave for non-party discovery against Vasili Enterprises was refused as untimely; leave for discovery against Mrs Heenan was declined except that limited cross-examination on matters relevant to the alleged 1960 trust and prenuptial agreement was permitted; amended pleadings were allowed subject to limits; subpoenas issued without the court seal and without tendering required expenses were nullities; collateral litigation was irrelevant to the interpleader issue of entitlement to the fund.