Garty v Garty - [1997] 3 NZLR 66

Family and domestic relationships — Matrimonial property — Spouse's interest in professional partnership — Approaches to assessment of value — Whether traditional “rule of thumb” approach valid — Whether assessment of market value of practice and other criteria should additionally be considered.

Partnership — Professional partnership — Matrimonial property — Assessment of partner's interest for purposes of matrimonial property division — Whether traditional “rule of thumb” approach valid — Whether assessment of market value of practice and other criteria should additionally be considered — Whether valuation provision in partnership agreement to be taken into account for one partner's interest upon matrimonial property determination.

Practice and procedure — Appeals to High Court — Costs — Matrimonial property proceedings — Whether discretion to award costs where spouse affected is left with no choice but to litigate but where opposing spouse is substantially successful on appeal — Whether global sum appropriate.