GEH V AJH HC AK CIV-2009-404-000373

GEH V AJH HC AK CIV-2009-404-000373

Section 91(1) of the Domestic Violence Act 1996 confines appeals to decisions to make or refuse an order, dismiss proceedings or otherwise finally determine proceedings; adverse findings made in the reasoning that do not constitute such a decision are not severable for appeal by a successful party, therefore the appeal by the successful respondent was without jurisdiction and must be dismissed.

Citation
openlaw-9ee31e03_d5f6_42fb_bbb7_4576e356c482.pdf
Parties
Appellant/respondent: GEH; Respondent/applicant: AJH
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 April 2009
Procedural Posture
High Court Appeal Under Domestic Violence Act 1996 (application to Strike Out Appeal) / Judgment on Application to Strike Out Appeal
Outcome
Appeal dismissed; application to strike out appeal granted
Legal Topics
Protection Orders, Appealability of Findings, Finality of Judgment, Jurisdiction to Appeal
Family Law Domestic Violence Civil Procedure Statutory Interpretation Protection Orders Appealability of Findings Finality of Judgment Jurisdiction to Appeal

Case Brief

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Parties

GEH

Appellant/respondent

AJH

Respondent/applicant

Procedural Posture

High Court Appeal Under Domestic Violence Act 1996 (application to Strike Out Appeal) / Judgment on Application to Strike Out Appeal

Legal Issues

  1. 1 Whether a successful party may appeal adverse findings of fact or reasoning when the final decision falls within s91 Domestic Violence Act 1996
  2. 2 Whether findings made in the course of refusing a protection order are severable and appealable
  3. 3 Effect of potentially serious collateral consequences (Care of Children Act) on jurisdiction to appeal

Ratio Decidendi

Section 91(1) of the Domestic Violence Act 1996 confines appeals to decisions to make or refuse an order, dismiss proceedings or otherwise finally determine proceedings; adverse findings made in the reasoning that do not constitute such a decision are not severable for appeal by a successful party, therefore the appeal by the successful respondent was without jurisdiction and must be dismissed.

Court Disposition

Appeal dismissed; application to strike out appeal granted

Orders

  • Appeal dismissed.
  • Costs to Mrs H on a 2B basis for all steps and appearances in this Court and disbursements as fixed by the Registrar.