13 Mar 2015
CHRISTINE HAMILTON THOMPSON v MICHAEL LEITH THOMPSON [2015] NZSC 26
- Citation
- [2015] 1 NZLR 593
- Court
- Supreme Court
Because the trustees had agreed the trust assets were to be treated 'in effect' as relationship property and because the $8m payment was referable to protection/realisation of business goodwill (the value that would be achieved on a hypothetical sale assuming a restraint), the Court exercised its s 9(4) discretion and declared the $8,000,000 restraint of trade payment to be relationship property and remitted the matter to the Family Court to give effect to that declaration.