Scott v Williams - SC 95/2016

Media releases

Summary

Civil Appeal – Property (Relationships) Act 1976 – Whether value of legal practice properly set by High Court ¬– Whether Court of Appeal erred in value of award made under s 15 PRA – Whether Court of Appeal erred in upholding decision of the High Court to order sale of property. [2016] NZCA 356  CA 58/2015

Result

A  Leave to appeal and leave to cross appeal are granted (Scott v Williams [2016] NZCA 356).
B  The approved questions are:
(i) Was the approach taken in the lower courts to the valuation of the respondent’s practice correct?
(ii) Was the amount awarded to the applicant under s 15 of the Property (Relationships) Act 1976 correct?
(iii) Should the order that the Remuera properties be sold, rather than vested in the applicant, have been made?
9 November 2016
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A The appeal is allowed to the extent set out below.
B The cross-appeal is dismissed.
C The vesting order made by the Family Court is restored.
D The valuation by the Family Court of the respondent’s law practice is restored.  The appellant’s share is $225,000.
E An order in the appellant’s favour of $520,000 is made under s 15 of the Property (Relationships) Act 1976.  If not able to be agreed, the parties may file submissions on interest on or before 1 February 2018. 
F Costs of $25,000 are awarded to the appellant, plus usual disbursements to be set by the Registrar if not agreed.  The Court allows for two counsel.                                       
 11 December 2017

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