2 Feb 2018
BURMESTER v BURMESTER [2018] NZHC 47
- Citation
- [2018] NZFLR 206
- Court
- High Court
German law was not established by admissible expert evidence and New Zealand law governs; appellant failed to prove existence of express oral trusts over disputed assets (absence of documentation, inconsistent evidence, adverse inferences for non-disclosure); even if a trust had been proven, s 8(1)(ee) would not convert an uninterrupted beneficial ownership into a new acquisition; therefore funds in the JFC/ANZ account and other contested items are relationship property to be divided, maintenance continuation and costs orders were within judicial discretion, and s 13 did not apply because cir…