9 Jun 2023
IRYNA OLEKSANDRIVNA SADCHYKOVA v STEPHEN FREDERICK VAUGHAN [2023] NZHC 1214
- Citation
- [2023] NZHC 1214
- Court
- High Court
The High Court held that 'pending' in s 25(4) can include anticipated substantive proceedings such that the Family Court had jurisdiction to order sale, that the appeal required de novo evaluation of the evidence, and that on the facts an immediate sale was appropriate because the property's value was declining, the parties had not agreed, and proceeds can be held pending substantive determination; accordingly the appeal was dismissed.