New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S33 ancillary powers

Legal area

Court

13 Apr 2021

TURNER v DEL LA VARIS [2021] NZHC 776

Citation

[2021] NZFLR 418
Court

High Court

The Family Court erred in ordering sale of property owned by a company (Serene) and by a trust because those items were third party assets, not relationship or separate property of the parties; the proper interim relief was sale of 94 Fairview Crescent with net proceeds divided equally and interim sharing of rental income from 77 Sussex Street, and the High Court may set aside consent orders it previously made where they cannot be implemented.
18 Sept 2008

HARRISON V HARRISON HC AK CIV 2008-404-001270

Citation

openlaw-177affc4_00f5_4db2_8cec_76f1780e4f09.pdf
Court

High Court

The Court held that s25(3) can be used to make interim orders in relation to specific property that comprises debts owed by the trustee; the two undisputed debts owed by CHTC are relationship property held jointly by the spouses and constitute specific property for interim relief; exercising its discretion under ss25 and 33 to advance the Act's purposes, the Court ordered the husband to purchase the wife's half share for $300,996.50 as an interim distribution to enable the wife to fund expert and legal advice, with the sum to be taken into account in any final distribution.