New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Means and needs assessment

Legal area

Court

30 Apr 2021

STANLEY v OWENS [2021] NZHC 954

Citation

[2021] NZHC 954
Court

High Court

Judge's factual findings that respondent lacked disposable means—due to significant relationship debts he assumed, limited assets, modest income and reliance on borrowing—were not shown to be erroneous; it was therefore proper to dismiss the maintenance claim, and alternatively the applicant could have reasonably re-entered the workforce after dissolution so post-dissolution maintenance was not justified.
5 Nov 2010

W R D V J H D HC HAM CIV-2010-419-902

Citation

openlaw-f527d4f5_2d9f_4bc0_bb29_483ea77c9abc.pdf
Court

High Court

The appeal was allowed in part: the interim maintenance order was reduced by the respondent's sickness benefit because that income must be taken into account, and the appellant was held capable of paying the reduced sum given discretionary expenditures (notably private school fees) could be reallocated; accordingly the order was varied to $667 per week for six months from 24 June 2010.