HOLDEN V NICHOLSON & ORS HC AK CIV-2009-404-3668

HOLDEN V NICHOLSON & ORS HC AK CIV-2009-404-3668

The Court held the joinder application must fail because Family Proceedings Act s54 does not empower the Court to recommend parentage testing of half-siblings, s57 is limited by s54, and the Court has no inherent jurisdiction to extend statutory powers to require or recommend testing of siblings; under the High Court Rules the proposed defendants are not necessary parties and therefore joinder is dismissed.

Citation
openlaw-ba1719dd_ca43_4eed_afbc_fe386c97cb43.pdf
Parties
Plaintiff/applicant: Glen Michael Holden; Defendant/respondent: Stephen Paul Nicholson and Peter Warwick Macky (Executors and Trustees of the Estate of Richard Charles Holden); Proposed Defendant/proposed Second Defendant: Julie Harwood; Proposed Defendant/proposed Second Defendant: Joseph Holden
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 March 2010
Procedural Posture
Application for Declaration of Paternity Under the Status of Children Act / Interlocutory Hearing on Joinder Application (17–24 March 2010)
Outcome
Application to join Julie Harwood and Joseph Holden as defendants dismissed
Legal Topics
Paternity Declaration, Parentage/dna Testing, Joinder of Parties, Inherent Jurisdiction, High Court Rules
Family Law Probate/estates Civil Procedure Paternity Declaration Parentage/dna Testing Joinder of Parties Inherent Jurisdiction High Court Rules

Case Brief

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Parties

Glen Michael Holden

Plaintiff/applicant

Stephen Paul Nicholson and Peter Warwick Macky (Executors and Trustees of the Estate of Richard Charles Holden)

Defendant/respondent

Julie Harwood

Proposed Defendant/proposed Second Defendant

Joseph Holden

Proposed Defendant/proposed Second Defendant

Procedural Posture

Application for Declaration of Paternity Under the Status of Children Act / Interlocutory Hearing on Joinder Application (17–24 March 2010)

Legal Issues

  1. 1 Whether Julie Harwood and Joseph Holden should be joined as defendants
  2. 2 Whether the Court can recommend parentage/DNA testing of half-siblings under s54 Family Proceedings Act 1980
  3. 3 Whether the Court has inherent jurisdiction to order or recommend parentage testing of persons other than parent or child

Ratio Decidendi

The Court held the joinder application must fail because Family Proceedings Act s54 does not empower the Court to recommend parentage testing of half-siblings, s57 is limited by s54, and the Court has no inherent jurisdiction to extend statutory powers to require or recommend testing of siblings; under the High Court Rules the proposed defendants are not necessary parties and therefore joinder is dismissed.

Court Disposition

Application to join Julie Harwood and Joseph Holden as defendants dismissed

Orders

  • Parties to attempt to agree costs; if unable, costs to be heard at 9 a.m. on a convenient date
  • Counsel to confer and file a consent memorandum to progress the substantive proceeding