New Zealand Case Law: Decisions & Judgments

Topic

Disposition to trust

Legal area

Court

18 Dec 2019

GREAVES v BALDWIN [2019] NZHC 3390

Citation

[2019] NZHC 3390
Court

High Court

The periodic payments under the income protection policy are property (a chose in action) acquired when the insured event occurred and therefore form relationship property; however the specific nature and purpose of substituted income created extraordinary circumstances under s 13 making equal sharing repugnant to justice, warranting an unequal division (65% to appellant, 35% to respondent); valuation as at separation was a proper exercise of discretion; limited s 18B compensation awarded for childcare and occupation/forbearance claims rejected due to trust ownership or double-counting concer…
10 Feb 2017

BUXTONE v BUXTON AND BUTLER [2017] NZHC 131

Citation

[2017] NZHC 131
Court

High Court

The applicant failed to establish an arguable interest pursuant to the Property (Relationships) Act: the trust deed for Trust 60 expressly constrained the spouse's powers so she could not vest trust assets in herself; the transfers effected between 2005 and 2006 divested the applicant of any control or beneficial interest; there was no disposition of beneficial ownership attracting ss 44 or 44C; and any constructive trust claim is not an interest under the PRA and is barred by the applicant's prior conduct and benefits received.
3 Apr 2014

STRAUSS v TURNER [2014] NZHC 661

Citation

[2014] NZHC 661
Court

High Court

The Judge lacked jurisdiction under ss44C and 44F because there was no evidence that relationship property was disposed of to the HMS or OKS trusts or to McAfee Distributors or AVEC during the marriage; accordingly the compensation orders were set aside and the appropriate course is to treat the company shares as relationship property and remit valuation and division to the Family Court.
30 Aug 2013

THOMPSON v THOMPSON [2013] NZHC 2001

Citation

[2013] NZHC 2001
Court

High Court

The Court held that the RoT payment constituted property but was predominantly payment for the husband's personal goodwill (separate property) and not relationship property under s 8; however a portion attributable to past performance and not merely forward‑looking compensation should be treated as relationship property under s 9(4) and quantified by further evidence; the 1984 transfer of shares to the MLT Trust did not defeat any preexisting right to the $8m payment for the appellant so s 44C does not apply

New Zealand Case Law

GREAVES v BALDWIN [2019] NZHC 3390

BUXTONE v BUXTON AND BUTLER [2017] NZHC 131

STRAUSS v TURNER [2014] NZHC 661

THOMPSON v THOMPSON [2013] NZHC 2001