New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S18b compensation

Legal area

Court

1 Jul 2014

JACK v JACK [2014] NZHC 1495

Citation

[2014] NZHC 1495
Court

High Court

The Court held s15 jurisdiction existed because the parties' agreed division of functions materially enhanced the husband's earning capacity and diminished the wife's employability; the Family Court's 70/30 division in favour of the wife was within judicial discretion and just; s18B compensation was declined because post‑separation payments had been consistently treated as maintenance throughout proceedings and the claim was belated, making an award unjust.
26 Jun 2014

TARR v TARR [2014] NZHC 1450

Citation

[2014] NZHC 1450
Court

High Court

The High Court upheld the Family Court's factual findings that the GEL shares were held for the respondent (transfer signed and witnessed, no credible evidence of a contrary arrangement), found no evidence that the respondent retained substantial unaccounted cash rental income, and concluded the Family Court did not err in exercising its discretion under s18B to award compensatory relief totalling $151,000 (with $75,000 to be paid from the appellant's half share); the appeal and cross‑appeal were dismissed and the Family Court's exercise of discretion was not plainly wrong.