8 Apr 2009
HYDE V HYDE CA CA48/2008
- Citation
- openlaw-90e9a399_2f2d_4892_a471_26e75963a1c2.pdf
- Court
- Court of Appeal
The Court held the correct legal approach is to apply the family home definition first to the relevant unsubdivided lot(s); if the whole unsubdivided lot qualifies as used wholly or principally for the purposes of the household it is a family home and homestead does not apply; because the High Court applied an incorrect global approach and factual issues remain (notably subdivision status), the appeal is allowed and the matter is remitted to the High Court for rehearing.