Court of Appeal Wellington
12, 13 March; 2 April 1980
Richmond P, Richardson and McMullin JJ
12, 13 March; 2 April 1980
Richmond P, Richardson and McMullin JJ
Matrimonial property — Division of proceeds of sale of matrimonial home — In 1971 house purchased in wife's name with mortgage finance and gift from her parents — Shortly afterwards parties separated — After reconciliation, they lived together for two years separating finally in 1974 - Wife sold house in 1975 when her business suffered losses, and repaid loans from proceeds of sale — Whether Court of Appeal should admit further evidence — Whether there were "extraordinary circumstances" rendering equal sharing "repugnant to justice" - Whether wife should account for post-separation repayment of debts — Matrimonial Property Act 1976, ss 2, 11(3), 14, 18, 20, 39(4), 55 and 57.
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