New Zealand Case Law: Decisions & Judgments

Topic

Valuation date (s 2g)

Legal area

Court

29 Jul 2016

SCOTT v WILLIAMS [2016] NZCA 356

Citation

[2016] NZCA 356
Court

Court of Appeal

Sale of the Remuera properties was appropriate to avoid an unequal passive windfall and because market testing was required given valuation uncertainty; the law practice interest valuation is reduced to $300,000 using a multiple of two owing to the small two-partner suburban conveyancing practice and attendant risks; super profits awarded for separation-to-hearing years are relationship property and neutral to the s 15 threshold and should not be deducted from s 15 quantum; applying a broad‑brush X v X approach a 10‑year compensatory term produces a just s 15 award of NZD 470,000; enhancement…
24 May 2016

JACKSON v HOLDEN [2016] NZHC 1095

Citation

[2016] NZHC 1095
Court

High Court

Appeal allowed in part: Family Court valuations were generally upheld where supported by evidence but two errors required correction — the $2,350 sale proceeds of joinery was improperly treated as an independent asset of the appellant and a $50 valuation fee credit for the appellant was omitted. The Court adjusted the parties' apportionment of Geneva Finance payments (directing appellant to assume ten $600 payments) so the parties' net positions were approximately equal as set out in the amended table (appellant net ≈ -$18,408.49; respondent net ≈ -$18,914.18). No interference with the judge'…
31 Mar 2011

GRANT V GRANT HC AK CIV-2010-404-005158

Citation

openlaw-80b5dea5_fb43_4410_9369_78f0b2171bbc.pdf
Court

High Court

The High Court upheld the Family Court's findings: the College Hill property was, on the balance of probabilities, a gift from the first respondent's mother and retained separate property character; the bundle of rights in the family trust is relationship property but should be valued at the date of hearing using the practical revised valuation approach (net value accepted $369,000); the appellant failed to prove post-separation mortgage increases or advances warranted adjustment to the valuation; and there was insufficient evidence to treat the marina berth as relationship property. The appe…

New Zealand Case Law

SCOTT v WILLIAMS [2016] NZCA 356

JACKSON v HOLDEN [2016] NZHC 1095

GRANT V GRANT HC AK CIV-2010-404-005158