10 June 2015

Relationship Property: Greig v. Hutchison

With her 47 year marriage at an end, Mrs Hutchison alleged the relationship property claim by her husband’s long-term lover was a ploy by the two of them to cut her out and preserve her husband’s business empire.  Mrs Hutchinson claimed the value of relationship property to be split totalled $22 million; he said it was only $16 million.
The High Court in Christchurch was told Mrs Hutchison filed her Family Court claim in 2008 for a split of relationship property.  She married at age 16.  During nearly fifty years marriage her husband built up a very successful business.  The name and nature of the business were supressed by the court.  Evidence was given that Mr Hutchison had a long-term clandestine affair with one of his employees: a Ms Greig.  The affair started before she was employed by his company and continued beyond Mr Hutchison’s marital separation some 27 years later.  It was not his only extra-marital affair.  The court was told Mrs Hutchison was unaware of these relationships at the time they occurred and Mr Hutchison denied their existence when challenged.
Four years after Mrs Hutchison filed her relationship property claim, Ms Greig also claimed in the Family Court for a share of the Hutchison relationship property, claiming entitlement as a de facto spouse.
The Property (Relationships) Act allows for more then one to claim for a share in the same relationship property.  Two contemporaneous relationships can exist. Mrs Hutchison alleged Ms Greig’s claim was a litigation tactic to force her hand and to scare her into a quick settlement of her claim.  She went to court arguing Ms Greig was never in a de facto relationship with her husband.
Justice Gendall ruled Ms Greig was not a de facto partner and was not entitled to share in the Hutchisons’ relationship property.  He laid bare details of the relationship between Ms Greig and her boss.  The two did not present themselves as a couple to the world. Mr Hutchison went to substantial and continuous efforts to keep the relationship hidden from his family and family friends.  This involved some elaborate subterfuges.  To hide the fact he and Ms Greig were going on holiday to Perth he went to the lengths of buying wet-weather gear and announcing he was participating in the Sydney-Hobart yacht race.  His early departures from family holidays were explained as the need to get back to work.  He moved the family to a home purchased next door to Ms Greig.  When the two were seen together in public, it would be viewed as part of their business relationship.  There was no financial dependence or interdependence between the two.  They operated independent bank accounts and did not acquire any assets jointly.  There was no intermingling of their financial affairs.  They did not share expenses when travelling overseas on what were ostensibly business trips.
The total amount awarded Mrs Hutchison as her share of the relationship property was not disclosed.     
Greig v. Hutchison – High Court (10.06.15)

15.065