25 Nov 2010
SHANDIL V SHANDIL HC AK CIV-2009-404-008105
- Citation
- openlaw-4218792f_3c5b_4992_af17_45df25b29755.pdf
- Court
- High Court
The Family Court erred in law by treating a Fijian immovable (Kanavi Street) as part of the New Zealand relationship property pool contrary to s7(1) of the Property (Relationships) Act 1976; inclusion of that value was unlawful and had material effect on the division, therefore the Family Court judgment is set aside and the matter is remitted for rehearing; related discretionary arguments (s7(3) forum non conveniens and s31 delay of entitlement) require proper evidentiary presentation and were not made out on the material before the High Court.