Johnson v Felton - [2006] 3 NZLR 475

Bankruptcy and insolvency — Relationship property — Bankruptcy of one spouse more than two years after agreement signed — Challenge by Official Assignee and creditors to set agreement aside — Definition of creditors — Status of Official Assignee — Status of creditors — Consequences of fraud or deceit by the bankrupt spouse — Consequences of imbalance in property division — Insolvency Act 1967, ss 32, 37, 54 and 58.

Practice and procedure — Defences — Issue estoppel and res judicata — Whether successful party may challenge findings on appeal — Two judgments in same proceeding — Effect of incorporating findings of first decision in later decision.

Relationship property — Insolvency — Bankruptcy of one spouse more than two years after agreement signed — Challenge by Official Assignee and creditors to set agreement aside — Definition of creditors — Status of Official Assignee — Status of creditors — Consequences of fraud or deceit by the bankrupt spouse — Consequences of imbalance in property division — Insolvency Act 1967, ss 32, 37, 54 and 58.