New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S21j serious injustice

Legal area

Court

11 Jul 2012

EDWARDS V EDWARDS HC WHA CIV-2011-488-822

Citation

openlaw-4f6ab8ee_d7e7_4755_bab9_8cf0ab52c79c.pdf
Court

High Court

Summary judgment was dismissed because the High Court proceeding duplicated pending Family Court proceedings and the defendants have arguable defences: the heads of agreement are void as a s21A agreement for non-compliance with s21F and, at common law, the heads were incomplete and not intended to be immediately binding (Masters v Cameron third category), so plaintiff has not established no arguable defence.
24 Mar 2009

BOYD V VAN HOUTEN HC CHCH CIV 2008-409-002478

Citation

openlaw-69331162_1fd9_4493_a7d2_a361a1d88e04.pdf
Court

High Court

The appeal is dismissed; the High Court upheld the Family Court's decision to set aside the 19 April 2002 relationship/property agreement under s21J because, having regard to all circumstances (notably the parties' divergent understandings about the relationship, the conversion of a joint business asset into separate property, the claimant's substantial positive contributions, and the valuation-supported disparity between potential accrued entitlement and agreed benefit), giving effect to the agreement would cause serious injustice.