9 Oct 2009
V H NARAYAN AND ANOR V S NARAYAN HC AK CIV 2009-404-002398
- Citation
- openlaw-64932a3b_917e_472b_8088_b3053b293b55.pdf
- Court
- High Court
The 'irrevokeable document' was not a sham and legitimately recorded the donors' intention to advance NZD 100,000 as a loan to Vicky Narayan; because NZD 92,725.71 of that advance was applied to acquire the matrimonial home, that portion is a relationship debt under s20(1)(c) of the Property (Relationships) Act 1976 and must be taken into account in dividing relationship property; the Family Court finding that the advance was a gift is set aside to that extent.