6 May 2020
KWOK v RAINEY [2020] NZHC 923
- Citation
- [2020] NZHC 923
- Court
- High Court
The Court found the de facto relationship commenced 1 March 2009; the transfer of the section into the David Rainey Family Trust in April 2011 was made with the intention or for the purpose of defeating the plaintiff's prospective relationship property rights and therefore s44 applies; the Trust could not be relied on to defeat the claim and the family home was treated as relationship property subject to equal sharing; Gascoigne Wicks negligently advised the defendant and that negligence caused the defendant's loss because proper advice would likely have led the defendant to end the relations…