11 Sept 2014
OWEN v THOMAS [2014] NZHC 2200
- Citation
- [2014] NZHC 2200
- Court
- High Court
The interim distribution order was ultra vires and set aside because s25(3) cannot be used to order payment of money in general circulation from bank accounts without first determining that those funds are relationship property or otherwise susceptible to being drawn into the relationship property pool; additionally an arithmetical error rendered the order invalid. The interim maintenance order was set aside because the Judge failed to take into account the implied relevant consideration of whether the respondent's present reasonable needs equated to her needs during the marriage, such omissi…