High Court Wellington
3, 4, 5, 7 April; 12 May 1989
Gault J
3, 4, 5, 7 April; 12 May 1989
Gault J
Husband and wife — Matrimonial property — Increase in value of separate property — Company shares were agreed to be separate property of husband — Between date of agreement and separation shares had increased in value — Whether wife had contributed to increase — Whether whole of increase became matrimonial property — Matrimonial Property Act 1976, s 9.
Husband and wife — Matrimonial property — Valuation of property — Date of valuation — Company shares were agreed to be separate property of husband — Increase in value of shares since date of agreement was found to be matrimonial property — Husband continued to hold the shares — Whether increase in value should be determined at date of separation — Whether value of increase at date of separation should be adjusted to date of hearing by application of Consumer Price Index — Whether shares should be valued on basis of notional liquidation of company with allowance for realisation costs.
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