11 Jun 2020
SOPHIE ANNABELLE BIGGS v STEPHEN TIMOTHY BIGGS [2020] NZCA 231
- Citation
- [2020] NZCA 231
- Court
- Court of Appeal
The Court allowed the appeal and ordered the husband to pay the wife $700,000 as a further interim distribution because (1) the husband has the capacity to pay, (2) the payment is likely to be reimbursed from the wife's share of the Closeburn proceeds despite sale delay, (3) the wife's advisers have already worked unpaid and it is reasonable to relieve some of that burden, and (4) where an interim payment is funded from property whose status is disputed the court may examine reasonableness and tailor a conservative sum to balance interests; the Court accordingly fixed $700,000 as a conservati…
- Interim distribution
- Section 25(3) property (relationships) act 1976
- Section 9a claim to share in separate property
- Reimbursement from sale of relationship property
- Costs and litigation funding
- Caveats and security for fees