Cossey v Bach - [1992] 3 NZLR 612

Matrimonial property — De facto relationships — Dissolution of marriage — Husband and wife both remarried — Both second marriages dissolved — Husband and wife then formed de facto relationship — Break-up of de facto relationship — Bulk of assets at that time acquired after break-up of marriage — Whether subsisting legal marriage necessary for division of property — Whether assets acquired during de facto relationship properly classifiable as matrimonial property — Whether appropriate to exercise discretion to declare assets to be matrimonial property — Proper division of assets in circumstances — Matrimonial Property Act 1976, ss 2(1), (3) and (4), 4(1) and (2), 8(a), (b) and (c), 9(2) and (4), 23 and 24.

Trusts and trustees — Resulting trust — Matrimonial property — Dissolution of marriage — Subsequent cohabitation in de facto relationship — Bulk of assets acquired during de facto relationship — Proper division of property owned jointly at that time — Whether abrogation of rules and presumptions of common law and equity under Matrimonial Property Act 1976 applied to transactions between former husband and wife after dissolution of marriage — Whether concept of reasonable expectations based on estoppel, unjust enrichment or constructive trust applied when assets were in joint name — Whether clearly expressed intent of party paramount in division — Method of expressing common intent — Whether resulting trust existed in circumstances — Proper basis for distribution of jointly owned property — Matrimonial Property Act 1976, s 4(1) and (2).