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Benini v Woodrow [2022] NZFC 1033

Published 24 May 2023

Interlocutory application — relationship property proceedings — notice of claim — Property (Relationships) Act 1976, ss 2E, 2D, 14A, 25 & 42 — Land Transfer Act 2017, s 143 — Philpot v Noble Investments Ltd [2015] NZCA 342 — Fisher on Matrimonial and Relationship Property. This hearing was to determine an application by the applicant to sustain a notice of claim in relation to his interest in the relationship property. The respondent had applied to the Registrar General of Land to lapse the notices, while the applicant sought to have them remain until the substantive hearing relating to the parties' property division issues. The parties disagreed on almost all material facts, including the duration and timing of the relationship and the contributions made throughout. To sustain the notice the onus was on the applicant to show: (a) he was in a qualifying relationship with a person who is legally entitled to, or beneficially interested in the land, and (b) there was a valid unresolved claim to an interest in that land under the Property (Relationships) Act (PRA). The Judge noted the difficulty in determining whether a relationship was qualifying for the purposes of s 2D PRA on the affidavit evidence alone. Balancing all matters, it was concluded that there was an arguable case demonstrated in the pleadings presented by the applicant. The Judge made an order directing that the order of claim was to be sustained. Judgment Date: 4 February 2022. * * * Note: names have been changed to comply with legal requirements. * * *