Gary Owen Burgess v Susan Natalie Beaven - SC 9/2011

1 We grant leave to appeal and cross-appeal (and an extension of time in relation to the cross-appeal). 2 The approved grounds of appeal and cross-appeal proceed on the basis that the Court of Appeal’s assessment under s 14(2)(c) of the Property (Relationships) Act 1976 in favour of equal sharing was correct and are as follows: (a) was the Court of Appeal in error in adopting separation date values; (b) was there any logical or arithmetical error in the Court of Appeal’ s identification and valuation of the relationship property and its allowances for post-separation contributions; (c) should the Court of Appeal have made consequential orders in respect of the costs ordered in relation to earlier judgments and money paid by Mr Burgess to Ms Beaven; and (d) what, if any, additional or other orders are required.
22 September 2011
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A The appeal is allowed and the cross-appeal is dismissed.
B Orders B, C and D of the decision of the Court of Appeal [2010] NZCA 625 are set aside.
C The awards of costs made against Mr Burgess by John Hansen J in the Stream A litigation are set aside and in their place Mr Burgess is awarded $5,000 costs in respect of the first appeal to the High Court heard by John Hansen J. 
D Ms Beaven’s gross liability to Mr Burgess is:
(a) Balance due on division of property  3,716.10
(b) Refund of money paid to Ms Beaven 36,804.31
(c)  Costs and disbursements on first appeal    5,000   
Total        45,520.41
E Ms Beaven is entitled to set off outstanding awards of costs in her favour totalling $15,474.16 against her gross liability producing a net figure which she must pay, and on which Mr Burgess may now execute judgment of $30,046.25.  Interest will run on that sum from the date of this judgment in terms of r 11.27 of the High Court Rules.
F Ms Beaven is to pay Mr Burgess usual disbursements in relation to this appeal.
9 August 2012