J v S [2019] NZHC 892

J v S [2019] NZHC 892

The High Court held that substituted service was effected by posting to the address the appellant had provided and emailing the Gmail account the appellant had used with the Court; the appellant's denial of receipt was implausible given his prior use of that email and the steps taken, so there was no miscarriage of justice and the Family Court judge rightly declined to extend time or order a rehearing; appeal dismissed.

Citation
[2019] NZHC 892
Parties
Appellant: J; Respondent: S
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 April 2019
Procedural Posture
Family Court Protection Order Appeal / General Appeal to High Court From Refusal to Order Rehearing
Outcome
Appeal dismissed; decision of Family Court declining rehearing upheld
Legal Topics
Protection Orders, Rehearing Applications, Substituted Service, Service of Process, Costs
Family Law Domestic Violence Civil Procedure Protection Orders Rehearing Applications Substituted Service Service of Process Costs

Case Brief

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Parties

J

Appellant

S

Respondent

Procedural Posture

Family Court Protection Order Appeal / General Appeal to High Court From Refusal to Order Rehearing

Legal Issues

  1. 1 Whether substituted service in accordance with court directions was effected
  2. 2 Whether the appellant received notice of the protection application and hearing
  3. 3 Whether there was a miscarriage of justice warranting a rehearing or extension of time

Ratio Decidendi

The High Court held that substituted service was effected by posting to the address the appellant had provided and emailing the Gmail account the appellant had used with the Court; the appellant's denial of receipt was implausible given his prior use of that email and the steps taken, so there was no miscarriage of justice and the Family Court judge rightly declined to extend time or order a rehearing; appeal dismissed.

Court Disposition

Appeal dismissed; decision of Family Court declining rehearing upheld

Orders

  • Appeal dismissed
  • Original Family Court protection order and refusal to extend time/rehear upheld