7 Sept 2023
REEVES AND MIDDLETON v MCELDOWNEY [2023] NZHC 2511
- Citation
- [2023] NZHC 2511
- Court
- High Court
The appellate court held the Family Court's quantum award was plainly excessive and unsupported by adequate reasoning; only a promise of the Tukapa Street unit was established and the appropriate award is the net sale value of that promised property (NZD 574,250.98) payable jointly to the McEldowneys, plus interest and less amounts already received; the statement that Mrs McEldowney was an 'heir apparent' did not constitute a separate testamentary promise; the correct test for quantum is reasonableness subject to ordinary appellate review.