A debt is not a nuptial settlement

Smale v Lowe & Ors relates to an application for summary judgment for the repayment of loans between family trusts. As set out at [1] to [2]:

A number of matters were put to the court by Mr Lowe who was not open to repayment of the debt owing to the Anzac Trustees.

Are the deeds unenforceable on account of the lawyer who prepared the deeds acting for both parties?

As noted by Associate Judge Gardiner at [33] to [37]:

While any breach that arose did not invalidate the deeds recording the loans, it does highlight the need to properly identify and address potential conflicts between related trusts.

Is the loan between the trusts a nuptial settlement for the purposes of section 182 of the Family Proceedings Act 1980?

The court could not identify any nuptial settlement that would bring section 182 of the Family Proceedings Act 1980 to play. As set out at [46] to [56]:

The result was that summary judgment was entered against the defendants in the amount of $887,966.08 plus interest and costs.

References:

• Smale v Lowe & Ors [2023] NZHC 3786
• Family Proceedings act 1980, s 182
• Interest on Money Claims Act 2016
• Booth v Booth [2020] NZCA 451.