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Belcher v Belcher (No 2) - [1978] 2 NZLR 253

$30.00

Court of Appeal Wellington
10 March; 7 June 1977
Richmond P, Woodhouse and Cooke JJ
Husband and wife — Matrimonial property — In 1974 former wife commenced partition action in respect of matrimonial home — Before trial a preliminary point of law was argued as to the basis of the action — In March 1977 the Court of Appeal held that the rights of the parties must be decided under the matrimonial property legislation and not under s 140 of the Property Law Act 1952 — Matrimonial Property Act 1963 repealed by s 57 of the Matrimonial Property Act 1976 — New Act came into force on 1 February 1977 — Whether former husband has a vested right to have action decided on the basis of the 1963 Act — Matrimonial Property Act 1976, s 4(4) — Acts Interpretation Act 1924, s 20(e)(iii).

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