6 Nov 2015
McILRAITH v McILRAITH [2015] NZHC 2758
- Citation
- [2015] NZHC 2758
- Court
- High Court
The High Court allowed the appeal in part: the 5,523 B shares acquired using the Mt Parker Trust distribution are separate property under s 10; the 2,877 B shares purchased with loan proceeds are relationship property; the application of relationship property to reduce company debt did not produce an increase in value for s 9A and that award was set aside; the wife's non‑financial sacrifices and actions in the late 1980s did sustain the separate property such that compensation under s 17 was appropriate and a 20% award of the relevant increase was upheld (resulting in $171,000 on reclassifica…