Auckland businessman loses Maserati in break up battle with former partner

Sunday, 16 December 2018

An Auckland businessman has lost sole ownership of his Maserati following a High Court dispute.

An Auckland businessman locked in a bitter High Court dispute with his former partner has lost full ownership of a Maserati.

Justice Anne Hinton has also ruled a diamond engagement ring was the property of the man's partner, despite claims she'd given it back.

In appealing an earlier decision handed down by the Family Court, the businessman, who cannot be named for legal reasons, argued the Maserati was not relationship property.

Use of the luxury Italian vehicle, he argued, was so limited it was 'just a toy'.

A year before their separation the couple, upon returning from Australia, purchased a Toyota Rav 4, which the Family Court judge found was the predominant family vehicle, he pointed out.

However, Justice Hinton found the Maserati was more than a toy.

'Further, although the car was not a daily runner, 3000 kilometres per year, or 60 kilometres per week on average, which I have to treat as the minimum mileage, is not negligible,' she found.

Hinton upheld the Family Court's ruling that the Maserati was relationship property.

The businessman's appeal also covered two other issues – whether a diamond engagement ring had been re-gifted to the man, and whether legal fees, in relation to a prior relationship breakup, were personal debts and, if so, what compensation was payable.

The businessman argued his partner gave or threw the ring back at him on a number of occasions before begging for it back.

'He said that on the last occasion, namely at separation, she told him the relationship was over and gave the ring back,' the ruling reads.

However, under cross-examination, the man's partner said it was a 'ridiculous' proposition that she had given the ring back and it was untrue.

Justice Hinton found that the diamond engagement ring remained the separate property of the man's partner.

She also reduced the amount of interest payable by the businessman from $165,000 to a sum of $42,000.