Mark Albert Horsfall v Diana Jane Potter and 168 Group Limited - SC 138/2016
Summary
Civil Appeal – s 44 Property (Relationships) Act 1976 - Whether the Court of Appeal erred in its application of s 44.[2016] NZCA 514 CA720/2014
Result
A The application for leave to appeal is granted (Potter v Horsfall [2016] NZCA 514).
B The approved question is whether the Court of Appeal was right to find that the disposition of the proceeds of the College Street property was made by the applicant to defeat the claim or rights of the first respondent for the purposes of s 44 of the Property (Relationships) Act 1976.
2 March 2017
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A The appeal is dismissed.
B The appellant is to pay the first respondent costs of $25,000 together with reasonable disbursements. We allow for second counsel.
21 December 2017
B The approved question is whether the Court of Appeal was right to find that the disposition of the proceeds of the College Street property was made by the applicant to defeat the claim or rights of the first respondent for the purposes of s 44 of the Property (Relationships) Act 1976.
2 March 2017
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A The appeal is dismissed.
B The appellant is to pay the first respondent costs of $25,000 together with reasonable disbursements. We allow for second counsel.
21 December 2017
Related Documents
Leave judgment - leave granted — MARK ALBERT HORSFALL v DIANA JANE POTTER [2017] NZSC 21 2 March 2017 (PDF 62 KB)
Additional Information
POTTER v HORSFALL [2016] NZCA 514 25 October 2016
Hearing date : 15 June 2017
Elias CJ, William Young, Glazebrook, O'Regan and McGrath JJ.