New Zealand Case Law: Decisions & Judgments

Topic

Valuation date for relationship property

Legal area

Court

28 Feb 2014

GFM V JAM CA566/2012 [2014] NZCA 43

Citation

(2014) 29 FRNZ 535
Court

Court of Appeal

The application for a stay was dismissed because the appellant had no realistic prospect of satisfying the s 13 criteria for Supreme Court leave, the Family Court error was established on appeal (supported by authority such as Burgess v Beaven), the balance of prejudice favored the respondent after nine and a half years' delay and likely sale, and practical and valuation uncertainties made a conditional stay inappropriate.
29 May 2013

AB v BC [2013] NZHC 1247

Citation

[2013] NZHC 1247
Court

High Court

Leave to appeal was refused because the grounds advanced were not capable of bona fide and serious argument: the Cousins debt had been repaid from relationship property so no deduction was required; a separation date valuation was justified given post-separation events and unfairness to the wife; the wife's expert valuation using capitalisation of earnings was properly preferred and no error shown; the disposition of company assets legitimately removed value from the share pool; and claims for post-separation compensation and occupational rent were unsupported by reliable evidence or defeated…
22 Sept 2011

BURGESS v BEAVEN SC 9/2011

Citation

SC 9/2011
Court

Supreme Court

The Supreme Court granted leave to appeal and to cross-appeal (with an extension of time) and confirmed that the principal contested legal issue concerned valuation timing and arithmetic adjustments; the Court limited the remaining dispute largely to calculation and directed the parties to prepare and attempt to agree valuations and divisions on both separation and hearing date bases, while noting the Court of Appeal's s 14(2)(c) assessment of equal sharing stands for present purposes.

New Zealand Case Law

GFM V JAM CA566/2012 [2014] NZCA 43

AB v BC [2013] NZHC 1247

BURGESS v BEAVEN SC 9/2011