New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 15 compensation

Legal area

Court

14 May 2020

GOSBEE v GOSBEE [2020] NZHC 1001

Citation

[2020] NZHC 1001
Court

High Court

The Court held the working assumption that the division of functions caused economic disparity applied but was partially displaced by independent factors (career established pre‑marriage, appellant's pre‑marriage choices and post‑separation conduct). There was jurisdiction under s15 but, exercising its discretion and having regard to the immediate pension buy‑out obligation and other factors which absorb the disparity, the Court declined to award lump sum compensation; appeal dismissed.
11 Dec 2017

SCOTT v WILLIAMS [2017] NZSC 185

Citation

[2017] NZSC 185
Court

Supreme Court

The Supreme Court restored the Family Court vesting order and Family Court valuation of the law practice (appellant's share $225,000), held the High Court and Court of Appeal were wrong to order sale based on passive post-hearing gains without a valuation-date adjustment, concluded the capitalisation of super-profits methodology with an appropriate multiple was valid in the circumstances, and adjusted the s 15 award to $520,000 (appeal allowed in part; cross-appeal dismissed); costs awarded to appellant $25,000.