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Gosbee v Gosbee [2019] NZFC 2175

Published 19 August 2022

Relationship property proceedings — economic disparity — Property (Relationships) Act 1976, ss 2, 2G, 15 & 18B — Scott v Williams [2017] NZSC 185. This hearing was to determine various issues in relation to the parties' relationship property proceedings. In particular, valuation of a motor vehicle, an economic disparity claim by the respondent, payout of the applicant's superannuation fund, valuation of the respondent's UK superannuation fund, and adjustment of children's expense. The respondent sought a lump sum payment of $550,000 under s 15 of the Property (Relationships) Act (PRA), citing a disparity between the parties' earning potential as a result of the division of functions between the parties in the marriage. The applicant was working as an accountant and the respondent as an occupational therapist. The respondent took time off from work after the parties' two children were born, and only worked occasionally after that. The Court considered the evidence and determined that the disparity in income was not a result of the division of functions within the marriage, rather a choice by the respondent not to return to full-time work even once the children were older. The Judge declined to make a lump sum order. With regards to the applicant's superannuation scheme, the Judge disagreed with the applicant's reasoning that it was unjust to touch his superannuation scheme prior to the eligibility time. It was fairly common for one party to buyout another party. The Judge made an adjustment order to the respondent for half of the applicant's UK superannuation scheme value. In respect of the respondent's UK superannuation scheme, the Judge ordered that the respondent pay the applicant a sum from her local government scheme, but the state scheme was found not to be relationship property. The children's expense claim was declined. Judgment Date: 26 July 2019.