The appellant husband appealed an order dismissing his application to vary a support order and appointing the respondent wife as an equitable receiver of his pension benefits to satisfy support and equalization obligations.
The Court of Appeal upheld the dismissal of the variation application, finding the husband's early retirement was voluntary.
However, the Court set aside the appointment of the wife as an equitable receiver, holding that the applicable pension legislation prohibits the enforcement of an equalization order against pension benefits.
The Court also found the appointment unnecessary for the support obligation, as the pension board was already diverting funds at source.
