Court of Appeal Wellington
26, 27 March; 22 November 1990
Cooke P, Richardson, Casey, Bisson and Hardie Boys JJ
26, 27 March; 22 November 1990
Cooke P, Richardson, Casey, Bisson and Hardie Boys JJ
Husband and wife — Matrimonial property — Husband's interest in matrimonial home owned jointly with mother and sister — Whether equal sharing precluded by form of ownership — Fundamental principles of Matrimonial Property Act — Matrimonial Property Act 1976, ss 2, 8, 10 and 11.
Husband and wife — Matrimonial property — Company shares — Husband's separate property — Realty acquired out of shares — Whether realty matrimonial property — Meaning of "acquired out of" - Matrimonial Property Act 1976, s 9(2).
Husband and wife — Matrimonial property — Husband and wife business partners — Business not having lease — Landlord property development company — Husband and family owning all shares in property development company — Propriety of valuation of goodwill of business.
Practice and procedure — Appeals — Whether Court's own earlier decision binding — Power of Court to review and depart from such decision — Formulation of principles governing such review — Whether appropriate.
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