17 Dec 2021
HARVEY v HARVEY [2021] NZHC 3508
- Citation
- [2021] NZHC 3508
- Court
- High Court
The Court held the statutory default incidence rules apply: because no express exoneration order was made under s94(3)-(4) PRA or s7(2) FPA and Bryce did not apply to exonerate the OHL bequest, the PRA and FPA defaults require the awards (the $879,250 relationship property adjustment, $90,492 legal‑fee adjustment and $100,000 family protection award) and the interest awarded to Mrs Harvey to be borne rateably across the estate including the OHL shares; the schedule of distribution did not and could not operate as an implied exoneration; leave to amend to plead interest was granted and interes…