8 Mar 2021
STEPHENS v JOHNSON [2021] NZHC 423
- Citation
- [2021] NZHC 423
- Court
- High Court
The High Court held that the Family Court judge correctly treated the s82 discretion as wide and could have regard to s64 principles; Lobb v Ryan was distinguishable; however the judge made a calculative error by treating a monthly internet/telephone expense as weekly, overstating the applicant's shortfall. The interim order was therefore reduced from $692 to $612 per week for 26 weeks and properly should be conditional: payable only to the extent the respondent does not make the mortgage payments to ANZ on the disputed properties during the same period. The appeal is allowed in part and the…
- Interim spousal maintenance
- Section 82 family proceedings act 1982
- Qualifying circumstance under s64
- Inclusion of mortgage payments in reasonable needs
- Appeal standard of review for discretionary orders