New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Departure order

  • 24 Mar 2017

    M v M [2016] NZHC 549

    Citation
    M v M [2016] NZHC 549
    Court
    High Court

    Appeal allowed in part: correct assessment of respondent's (Mr M's) real income required excluding child support contingent on this appeal and recharacterising company drawings as reconciled shareholder salary; admitting part of the capital receipt justified a departure only for 2 Sept 2013–2 Sept 2014, but no special circumstances existed from 3 Sept 2014 onward so the departure was quashed for that later period; the s71 reimbursement order against Mr M for $2,500 was upheld and the appeal against that order dismissed.

  • 12 May 2010

    PHILIP THOMAS JAGGER V VICKI SHEREE SPENCER HC AK CIV-2009-404-7625

    Citation
    openlaw-9874d892_94da_4098_9afe_956f40d54595.pdf
    Court
    High Court

    Because Judge Walker approached the proceedings on an incorrect basis (treating them as appeals against Inland Revenue assessments) the High Court should not decide the substantive issues as a court of first instance; the appeal was therefore allowed by consent and the matter remitted to the North Shore Family Court for re-hearing, with existing orders to remain and no costs ordered in this Court.