Webb (Appellant) v Webb (Respondent) (Cook Islands)
Case ID: JCPC 2019/0013
Jurisdiction: The Court of Appeal of the Cook Islands
Case summary
Issue(s)
Did the Court of Appeal of the Cook Islands err in determining the Respondent’s appeal in relation to her application for division of matrimonial property under the Matrimonial Property Act 1991-92?
Facts
The Appellant and the Respondent married in 2005 in New Zealand and had one child, a daughter, in 2006. In 2011, the New Zealand Inland Revenue Department opened an investigation into the Appellant’s affairs, resulting in significant tax debts. In 2013, the parties moved to the Cook Islands, where most of their assets were located. The assets were held by family trusts controlled by the Appellant. On 7 April 2016, the parties separated. The Respondent and their daughter stayed in the Cook Islands, while the Appellant returned to New Zealand.
The Respondent brought an application for division of matrimonial property in the High Court of the Cook Islands under the Matrimonial Property Act 1991-92. She challenged the validity of the family trusts and contended that the assets settled under them were matrimonial property. The Appellant maintained that the trusts were valid and that, even if the relevant assets had been matrimonial property, their value was far exceeded by his deductible debts.
Parties
Appellant(s)
Paul Nigel Webb
Respondent(s)
Rosemary Julia Webb
Appeal
Justices
Lord Wilson, Lord Carnwath, Lady Black, Lord Briggs, Lord Kitchin
Hearing start date
20 Jan 2020
Hearing finish date
21 Jan 2020
| Watch hearing | ||
|---|---|---|
| 20 Jan 2020 | Morning session | Afternoon session |
| 21 Jan 2020 | Morning session | |
Judgment details
Judgment date
03 Aug 2020
Neutral citation
[2020] UKPC 22