23 Nov 2022
LUNG v LIU [2022] NZHC 3074
- Citation
- [2022] NZFLR 608
- Court
- High Court
The High Court has jurisdiction to determine an application for sale under s 339 PLA even where questions of relationship property arise because s 4(4) of the PRA requires such questions to be decided as if raised under the PRA but does not oust the High Court's jurisdiction for proceedings that are not applications under the PRA; accordingly the respondent's protest to jurisdiction is set aside and the High Court will apply PRA principles in deciding the PLA application (following McLean v Cheyne and Kake v Napier).