McIlraith v McIlraith [2017] NZCA 8 (14 February 2017)

Last Updated: 23 February 2017

IN THE COURT OF APPEAL OF NEW ZEALAND
CA391/2016 [2017] NZCA 8
BETWEEN	JENNIFER MCILRAITH Applicant
AND	IAN DAVID MCILRAITH Respondent

Hearing:	28 November 2016
Court:	Randerson, Asher and Brown JJ
Counsel:	R J B Fowler QC and J J Daley for Applicant S J Shamy for Respondent
Judgment:	14 February 2017 at 3.00 pm

JUDGMENT OF THE COURT

1. The application for leave to appeal against the judgment of the High Court in McIlraith v McIlraith is granted. ^[1]
2. The questions to be determined by this Court are:
   1. Whether the High Court erred in finding that the 5,523 B shares were the separate property of the respondent?
   2. Was there intermingling in relation to the 5,523 B shares, and if so what are the consequences?
   3. If the 5,523 B shares were the respondent’s separate property, whether the increase in the value of the shares was attributable to the application of relationship property and subject to equal division?
   4. If the 5,523 B shares were the respondent’s separate property, whether the award under s 17 of the Property (Relationships) Act 1976 of 20 per cent of the increase in value of the 3,600 separate property shares should be increased?

C Costs are reserved under s 53G(3) of the Court of Appeal (Civil) Rules 2005.
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Solicitors:
Harmans, Christchurch for Applicant
Wilkinson Rodgers Lawyers, Dunedin for Respondent

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^[1] McIlraith v McIlraith [2015] NZHC 2758.