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.