Court of Appeal Wellington
26 July; 18 August 1983
Cooke, Richardson and Bisson JJ
26 July; 18 August 1983
Cooke, Richardson and Bisson JJ
Husband and wife — Matrimonial property — Property "acquired by gift from a third person" — Husband's parents had transferred shares in a family company and a house property to husband for an expressed consideration ($2 for each share and $47,500 for the house) — Total price of shares and $11,500 of the agreed price for the house had been forgiven, and parents intended to gradually forgive debt for balance owing for house — Whether these two items of property which were in the husband's name were excluded from the matrimonial property by s 10(1) of the Matrimonial Property Act 1976 because they had been acquired "by gift from a third person".
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