district court logo

Sasha Clifton v Rolf Ingram [2016] NZFC 10394

Published 24 April 2017

Application to set aside agreement — serious injustice — duress — undue influence — Property (Relationships) Act 1976, ss 21, 21J and 21G — Harrison v Harrison [2005] 2 NZLR 349 (CA). The applicant sought to have a contracting out agreement entered pursuant to s 21 set aside. The grounds alleged were serious injustice, duress and undue influence. The Judge dismissed the application as none of these grounds were made out. The high threshold needed for serious injustice as set out in "Harrison" was not met; the agreement was within the purpose and legislative protection of the Act. Common law equitable grounds of duress and undue influence were alleged as permitted by s 21G, but not made out. There was no threat amounting to duress, and the relationship was not one of influence capable of removing the applicant's power of independent choice. The applicant's conduct, including consulting independent legal advice and delay in protesting the agreement were relevant. Judgment Date: 6 December 2016. * * * Note: Names have been changed to comply with legal requirements * * *