22 Oct 2013
J v J [2013] NZHC 2759
- Citation
- [2013] NZHC 2759
- Court
- High Court
The husband breached clauses 4.7 and 6.1 by failing to pay or secure the Adjustment Sum by August 2009; alleged variation and estoppel arguments fail because there is no evidence of agreement to vary, procedural formalities of s21F were not met, and silence did not give rise to a duty to speak or mislead the husband; specific performance is unavailable because third party co-ownership prevents clearing title to create the required first mortgage; accordingly the plaintiff is entitled to a money judgment for the full Adjustment Sum of $688,439.91 and no credit is allowed for the defendant's we…