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Whitehead v Hopkins [2017] NZDC 14706

Published 04 August 2017

Reserved decision — mutual summary judgment applications — application for summary judgment — child support formula assessment — jurisdiction of the civil court — family court — contractual interpretation — Child Support Act 1991 — Property (Relationships) Act 1976 — District Court Rules 2016. The parties were in a de facto relationship in 1998, married in 2001 and separated in 2015. The parties entered into a comprehensive agreement for the division of relationship property and or the financial support of the children and former wife. An issue arose when the parties' insurance broker advised that a payment relating to the family home was outstanding and the parties agreed to pay half each. The husband unilaterally decided to deducting the amount from his monthly payment, which the wife's lawyer informed him he could not do. At a later date the husband proposed to unilaterally vary the agreement giving reasons, to which the wife outlined he could not do unilaterally and further set out a proposal for how the husband could seek a review of the monthly agreed payments. The husband later applied for a formula assessment as to child support payments. The court first assessed whether it had jurisdiction to hear a Family Court related matter and concluded that the matter required contractual interpretation on a novel issue and that the parties had the ability to make appropriate applications to the Family Court. The court further noted that the Civil Court and Family Court were both divisions of the District Court under the District Court Act 2016. The court dismissed the husband's application for summary judgment, and granted summary judgment for the wife as to liability against the husband. Judgment Date: 31 July 2017. * * * Note: Names have been changed to comply with legal requirements * * *