New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S 33(4) ancillary powers
  • 22 Nov 2017

    SHAILER v SHAILER [2017] NZHC 2871

    Citation
    [2017] NZHC 2871
    Court
    High Court

    The appeal was dismissed: the High Court held that s 33(4) grants a wide discretionary power to award interest not strictly confined to capital preservation or inflation compensation; despite partnership income being credited during separation, the factual realities (respondent being out of her capital, need to re-establish, expectation husband would acquire the farm and significant house price increases) justified an award of interest at 5% from 7 May 2013 on the agreed settlement sum (with appropriate deductions).