Schofield v Hutchinson [2017] NZFC 7502

Published 11 July 2018

Whether parties were in a qualifying relationship — application to strike out — no possible prospect — Property (Relationships) Act 1976, s 2D — Family Court Rules 2002, rr 193 & 194. The applicant sought relief under the Property (Relationships) Act on the grounds that he was in a de facto relationship with the respondent who denied that there had ever been a relationship of that nature. The court found that no qualifying relationship existed, with reference to the evidence including the applicant's denial of a sexual relationship with the respondent, denials of being in a relationship in previous proceedings, and evidence given during cross-examination that he and the respondent were only "close friends". The court found that there was no possible prospect of the claim proceeding and the application was struck out. Judgment Date: 18 September 2017. * * * Note: Names have been changed to comply with legal requirements * * *