Edwards v Rutherford - [1994] 3 NZLR 71

Family and domestic relationships — Family protection proceedings — Settlement by consent order — One party losing interest in property — Property subject to charging order — Disclosure of that circumstance not made to Court — Whether parties obliged to disclose existence of a judgment against beneficiary whose testamentary entitlement will be renounced by consent order.

Property law — Charging order — Creditors obtaining charging order against property of beneficiary under will — Family protection proceedings brought against testator's estate and beneficiary — Beneficiary's interest in bequeathed property renounced in settlement order — Fact of existence of charging order not disclosed to Court by creditor entitled to claim reimbursement of value of property renounced.