30 Jul 2014
GATESHEAD INVESTMENTS LTD v PARANUI PROPERTIES LTD CA622/2013 [2014] NZCA 361
- Citation
- [2014] 3 NZLR 516
- Court
- Court of Appeal
The Court held on the facts that the parties manifested a mutual intention to sever the joint tenancy in equity prior to Mr Harvey's death; section 47 voids the relationship property agreement only to the extent necessary to satisfy the creditors' claim (which at the time of the agreement extended only to Mrs Harvey's half share) and does not nullify an antecedent equitable severance as to Mr Harvey's separate half share; accordingly only Mrs Harvey's one half share vested in the Official Assignee and the executor's position was upheld; the appeal was dismissed.