3 Sept 2019
PENN v McQUEEN [2019] NZHC 2192
- Citation
- [2019] NZFLR 241
- Court
- High Court
The Court upheld the Family Court's core findings: the loans from respondent's mother were genuine and did not constitute an emerging sham; the additional £23,000 was a loan; the entirety of the advances (£498,000) constituted relationship debt under s20(1)(d) and (e); interest on the loans was payable but the High Court reduced the quantum to reflect rental income applied to interest, fixing interest at NZD 221,845.88; compensatory orders for certain pre-relationship debts were appropriate; appeal allowed in part only to adjust interest and consequential orders, otherwise dismissed.
- Relationship property
- Relationship debt (s20)
- Emerging sham
- Interest calculation
- Compensatory orders (s20e)
- Jurisdictional conflict movables vs immovables