16 Nov 2016
BARTRAM v BARTRAM [2016] NZHC 2706
- Citation
- [2016] NZHC 2706
- Court
- High Court
Although the agreement satisfied formal certification requirements, giving effect to it would cause serious injustice under s21J because the disputed properties were acquired as part of a joint endeavour, the wife's sole shareholding and structuring for tax did not demonstrate an intention to exclude the husband from equitable entitlement (guarantees and joint loans amount to contributions), and the resulting disproportionate outcome justified setting the agreement aside and dividing the property under the Act.