Supreme Court of New Zealand Wellington
SC 50/2014; [2015] NZSC 26
4 December 2014; 13 March 2015
Elias CJ, William Young, Glazebrook, Arnold and O’Regan JJ
SC 50/2014; [2015] NZSC 26
4 December 2014; 13 March 2015
Elias CJ, William Young, Glazebrook, Arnold and O’Regan JJ
Relationship property — Separate property — Business owned by parties transferred to trust — Business sold after parties separated — One party giving covenant in restraint of trade in return for payment — Whether payment separate property or relationship property — Parties agreed to treat trust property as in effect relationship property — Whether court to exercise discretion to declare payment relationship property — Property (Relationships) Act 1976, ss 8(1)(e), 8(1)(l) and 9(4).
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