Webb (Appellant) v Webb (Respondent) (Cook Islands)

Case summary

Case ID

JCPC/2019/0013

Jurisdiction

Cook Islands and Niue

Parties

Appellant(s)

Paul Nigel Webb

Respondent(s)

Rosemary Julia Webb

Issue

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.

Date of issue

4 February 2019

Judgment details

Judgment date

3 August 2020

Neutral citation

[2020] UKPC 22

Judgment links

Appeal

Justices

Lord Wilson

Lord Carnwath

Lady Black

Lord Briggs

Lord Kitchin

Hearing dates

Full hearing

Start date

20 January 2020

End date

21 January 2020

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