13 May 2015
H v C [2015] NZHC 1006
- Citation
- [2015] NZHC 1006
- Court
- High Court
The appeal is dismissed because, applying s21J(4) and relevant authorities, giving effect to the separation agreement would cause serious injustice to Mr C: the agreement produced a large disproportion in his disfavor and imposed onerous ongoing obligations (indefinite operation of the business, capped drawings, veto over sale) which, together with a material decline in the business's value and profitability and resultant uncertainty, made enforcement unconscionable; the injustice to Ms H from setting aside did not outweigh Mr C's serious injustice.