New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S 21 agreement

  • 1 Aug 2019

    MCMANAWAY v CAFFELL [2019] NZCA 351

    Citation
    [2019] NZCA 351
    Court
    Court of Appeal

    Leave to bring a second appeal was refused because the proposed grounds were not bona fide and seriously arguable: the Cando shares were relationship property (not caught by the s 21 agreement), valuation at hearing with adjustment for post-separation contributions was within judicial discretion, and the allocation for post-separation contributions is a factual question not suitable for further appellate review; finality and prompt resolution outweigh further appeal.

  • 22 Mar 2011

    LEZAIC V BAYNE HC AK CIV-2010-404-7010

    Citation
    openlaw-0963b8af_c8a9_49a4_acac_fd598ccea875.pdf
    Court
    High Court

    High Court dismissed the appeal: the May 2007 s 21 agreement was properly set aside because the respondent's independent legal advice was manifestly inadequate causing serious injustice under s 21J(1); the transfer of the Bay of Islands property was properly set aside under s 44 because the disposition was made to defeat the respondent's PRA rights and the purported valuable consideration/good faith was not established; the $182,390 (K15) advance was not a relationship debt as it was made while the parties were separated and was not applied to relationship property.