New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Property (relationships) act 1976 s 44c

  • 6 Dec 2016

    RABSON AS TRUSTEE OF THE MALCOLM RABSON FAMILY TRUST v GALLAGHER [2016] NZCA 584

    Citation
    [2016] NZCA 584
    Court
    Court of Appeal

    The reserved leave was limited to clarifying the meaning of the substituted orders and did not permit reopening the Court's substantive rulings or valuation assessments; accordingly the application for clarification seeking substantive change was declined.

    • Property (relationships) act 1976 s 44c
    • Constructive trust
    • Relationship property division
    • Clarification of orders
    • Costs

  • 15 Sept 2011

    MALCOLM EDWARD RABSON V LINDA GALLAGHER COA CA507/2010

    Citation
    MALCOLM EDWARD RABSON V LINDA GALLAGHER COA CA507/2010
    Court
    Court of Appeal

    The lotto prize was relationship property; the disposition of that relationship property to the MRFT defeated Ms Gallagher's claim to half the capital appreciation of properties purchased with the prize such that s 44C provides a just remedy; the Court substituted a s 44C award of NZD 300,000 payable by Mr Rabson from his separate property (debt owed by MRFT); the institutional constructive trust finding was quashed as unnecessary where statutory remedy under s 44C applied.

    • Property (relationships) act 1976 s 44c
    • Institutional constructive trust
    • Estoppel by deed
    • Surrender of lease for life
    • Intermingling of separate and relationship property (s10)
    • Valuation