Christopher Bede Ward v Diane Mary Ward - SC 40/2009

Media releases

Summary

Civil – Family – Whether the Court of Appeal was wrong to find that an agreement for the sale and purchase of shares was a settlement for the purposes of s 182(1) of the Family Proceedings Act – Whether the Court of Appeal erred in finding that for the purposes of s 182(6) of the Act a matrimonial property agreement was to be considered by itself and not as part of an overall transaction – Whether the Court of Appeal was wrong to find that access to s 182(1) could be gained where it was necessary in the interests of fairness and justice to do so, and thereafter the remedial discretion was a broad one to be exercised in the manner which achieved a fair result taking into account the total background – Whether the Court of Appeal was wrong to disallow Mr W’s separate property interests subsumed by the overall transaction.[2009] NZCA 139  CA 309/2008  9 April 2009

Result

Application for leave to appeal granted  in part.
1 July 2009.
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Appeal dismissed. Costs of $15,000 to the respondent plus disbursements.
8 December 2009

Hearing Transcripts

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