25 Oct 2016
POTTER v HORSFALL [2016] NZCA 514
- Citation
- (2016) 31 FRNZ 160
- Court
- Court of Appeal
The Court held that registration of the College St property in the parties' joint names gave the appellant a claim under the PRA; the respondent could not rely on evidence that registration was done to avoid tax to deny that beneficial ownership (Potter line); the respondent transferred proceeds in circumstances where he knew the effect would be to defeat the appellant's rights under s44, so the Family Court retains power to make orders and the matter is remitted to determine remaining s44 issues.