25 Sept 2019
BOOTH v BOOTH [2019] NZHC 2424
- Citation
- [2019] NZFLR 225
- Court
- High Court
Summary judgment was granted against the plaintiff: even accepting arguendo that the family arrangements might constitute a settlement, the alleged settlement was expressly conditional on the continuance of the marriage so there has been no failure of the premise on which any nuptial settlement was made and therefore no basis to exercise s 182(1) discretion to vary the settlement in the plaintiff's favour; additionally the pleading disclosed no arguable claim against the second and third defendants and that part of the claim was struck out.