8 Jun 2016
HADFIELD v LEGAL SERVICES COMMISSIONER [2016] NZHC 1223
- Citation
- [2016] NZHC 1223
- Court
- High Court
The correct test for 'contrary interests' under Schedule 1 Clause 4(1) is an objective comparison of the spouses' legal positions in the proceeding; because neither spouse advanced opposing or competing claims (the wife sought a declaration of her protected interest and did not oppose the husband's vesting claim) their interests were not contrary and the Commissioner's decision to treat the wife's resources as the applicant's was correct.