GFM v JAM - SC 11/2014

Civil Appeal – Property (Relationships) Act 1976 – Whether the Court of Appeal erred in failing to approach the appeal as an appeal against the exercise of a discretion in accordance with the test established in May v May – Whether the Court of Appeal mis-stated the primary question and should have asked whether the respondent has shown that the Family Court Judge acted on the wrong principle, failed to take into account some relevant matter or was plainly wrong and whether the High Court Judge had approached the appeal on that basis or had erred in his approach – Whether the Court of Appeal erroneously interfered with finding of the Family Court Judge and failed to defer to the Family Court Judge’s expertise – Whether the Court of Appeal failed to recognise a number of discretions exercised by the Family Court Judge and erred in describing the discretion under s 2G(2) as a fettered discretion – Whether the Court of Appeal erred by putting the focus on equal sharing of relationship property (and at date of hearing values as determined by the Court) rather than on a just division – Whether the Court of Appeal erred in declining to take into account the interests of the children – Whether the Court of Appeal erred in placing the burden of proof on the wife to establish certain key facts – Whether the Court of Appeal erred in its approach to s 18C of the Act – Whether the Court of Appeal erred in effectively directing sale of the former family home rather than valuing the home at the date of hearing – Whether the Court of Appeal’s approach is unjust to the wife by adopting date of hearing values.[2013] NZCA 660 CA 566/2012