25 Sept 2020
BOOTH v BOOTH [2020] NZCA 451
- Citation
- [2020] NZCA 451
- Court
- Court of Appeal
The Court held the arrangement was a vendor-finance debt owed by Poplar Road Farms Ltd to Ray Booth and not a nuptial settlement making continuing provision for spouses; forbearance did not create an enforceable settlement and there was no change of premise or injustice to be remedied under s182, and therefore the s182 claim was not arguable and summary judgment and strike-out were appropriate; the High Court had jurisdiction to hear the joined s182 claim when related PRA proceedings were before it.