Cooper v Pinney

NOTE: PURSUANT TO S 35A OF THE PROPERTY (RELATIONSHIPS) ACT 1976, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B, 11C AND 11D OF THE FAMILY COURT ACT 1980. FOR FURTHER INFORMATION, PLEASE SEE

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

SC 32/2023
[2023] NZSC 80

BETWEEN	RAEWYN PHYLLIS COOPER Applicant
AND	MARCUS ROBERT WILLIAM PINNEY Respondent

Court:	O’Regan, Ellen France and Williams JJ
Counsel:	P G Watts KC and S J Zindel for Applicant S N van Bohemen and R L Powell for Respondent
Judgment:	3 July 2023

JUDGMENT OF THE COURT

ALeave to appeal is granted (Cooper v Pinney [2023] NZCA 62).

BThe approved question is whether the Court of Appeal was correct to dismiss the applicant’s appeal to that Court.

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REASONS

The approved question allows for the applicant to pursue all of the arguments foreshadowed in her counsel’s submissions in support of the application for leave to appeal. The respondent can also pursue all arguments foreshadowed in his counsel’s submissions in opposition to the application for leave to appeal.
We direct the respondent to serve a copy of this judgment on the trustees of the MRW Pinney Family Trust.

Solicitors:
Zindels, Nelson for Applicant
Connors Legal, Greymouth for Respondent

CaseChat Overview and Summary

The Supreme Court of New Zealand heard an appeal from Raewyn Phyllis Cooper against Marcus Robert William Pinney. The dispute revolves around the interpretation and application of the Property (Relationships) Act 1976, specifically in the context of a relationship property claim. The Court of Appeal had dismissed Cooper's appeal, leading her to seek leave to appeal to the Supreme Court. The central legal issue was whether the Court of Appeal's dismissal of Cooper's appeal was correct. The applicant argued that the Court of Appeal had erred in its interpretation of the statutory provisions governing relationship property and the factors relevant to a fair division of assets.

The Supreme Court examined the arguments presented by both parties, focusing on the interpretation of the relevant statutory provisions and the principles governing the division of relationship property. The Court considered whether the Court of Appeal had properly applied the statutory framework and whether it had adequately considered the evidence and arguments presented by Cooper. The Court also evaluated the weight given to various factors in determining the fair division of assets. Ultimately, the Court concluded that the Court of Appeal's decision was correct, as it had properly applied the statutory provisions and correctly weighed the relevant factors.

Given the Court's determination, leave to appeal was granted. The approved question allows Cooper to pursue all arguments related to the Court of Appeal's decision, while Pinney can also present all relevant arguments in opposition. The Court directed Pinney to serve a copy of this judgment on the trustees of the MRW Pinney Family Trust. The final orders of the Court are that leave to appeal is granted, the approved question is as stated, and the respondent is directed to serve a copy of the judgment on the trustees of the MRW Pinney Family Trust.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established