Summarised by Centrist
The Supreme Court has upheld an 80/20 property settlement in favour of Quan Zhou after her three-year marriage to Bartholomaeus Roland Lassnig ended in 2015, ruling that financial contributions are the guiding factor in short marriages.
The couple married in 2012, set up the Lassnig Family Trust, and bought three Auckland properties. Zhou’s contributions, totalling about $1.21m, were far greater than Lassnig’s $188,000. The Family Court initially ordered an equal split of equity, but the High Court shifted it to 60/40 and the Court of Appeal to 80/20.
Lassnig appealed to the Supreme Court, arguing the loans should not count as capital contributions and that inflation drove the increase in property value. The court dismissed his arguments, agreeing that the loans were relevant contributions and noting Lassnig’s payments would be refunded alongside his share of capital gains.
The judgment confirmed that under section 182 of the Family Proceedings Act 1980, where marriages are of “short duration”, and there are no children, “a disparity in financial contributions will generally be the guiding factor.”
The trust’s assets had combined values of more than $4m in 2021.
The Court of Appeal had noted the relationship ended after a 2015 altercation that led to a police safety order, but the Supreme Court found the case did not provide a basis to address how alleged abusive behaviour might affect property division.
Lassnig was ordered to pay Zhou $30,000 in costs plus disbursements.
