New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Validation of defective contracting-out agreements (s 21h)
  • 11 Oct 2021

    WYLIE v WYLIE [2021] NZCA 521

    Citation
    [2021] NZCA 521
    Court
    Court of Appeal

    The Court held the appellant received adequate and independent legal advice required by s 21F prior to signing the COA; the application to adduce additional file notes and a copy of the COA on appeal was declined because the material was not cogent or would unfairly raise a new factual case; the new 'concept/plan' argument could not be raised for the first time on appeal and the appeal was dismissed.

    • Contracting-out agreements
    • Independent legal advice (s 21f property (relationships) act 1976)
    • Validation of defective contracting-out agreements (s 21h)
    • Admission of further evidence on appeal
    • Specific performance and trust transfers
    • Nuptial settlements