New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Serious injustice (s21j)

Legal area

Court

17 Jul 2017

WHITE v KAY [2017] NZHC 1643

Citation

[2017] NZFLR 592
Court

High Court

The High Court upheld the Family Court: although Ms Kay received adequate independent legal advice within s21F, the contracting out agreement was set aside under s21J because giving effect to it would cause serious injustice given the agreement's opaque terms, the length and dynamics of the relationship, and the resultant overwhelming disparity; accordingly the court ordered equal division of relationship property under s25 and dismissed the appeal and cross-appeal.
14 Dec 2010

S B V G M H HC HAM CIV-2010-419-887

Citation

openlaw-e40286c7_91da_45f9_a767_edd4336c758f.pdf
Court

High Court

Although the common law test for duress was not established to the required degree, the Contracting Out Agreement was set aside under s21J because, on the interweaving of factors (the agreement materially reduced rights already accrued to the respondent, was incomplete, lacked disclosure of values, was signed following significant pressure and little opportunity to reflect, and was challenged from the outset), giving effect to it would cause the respondent serious injustice; the disputed assets were relationship property and the respondent was entitled to a half share calculated at $226,565.5…