New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S 21j

  • 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.

  • 10 Mar 2008

    RADISICH V TAYLOR HC AK CIV-2007-404-003276

    Citation
    openlaw-ee42d7e6_6145_411f_b855_3b9b6ef00dcf.pdf
    Court
    High Court

    The application for leave to appeal was dismissed because the questions raised were not sufficiently arguable or of sufficient importance to justify a second appeal; the Court held that a residual discretion under s 21H exists even where there is no material prejudice and that factors under s 21J may legitimately be considered when exercising that discretion, so the Family Court was correct to require the s 21H application to be determined with the substantive proceeding.