SMITH v SMITH [2013] NZHC 3559

SMITH v SMITH [2013] NZHC 3559

Leave to appeal was declined because the appeal did not raise a question of law or fact capable of bona fide and serious argument of sufficient importance to outweigh cost and delay; the Family Court judge had jurisdiction to make the recommendation, any breach of natural justice did not automatically require...

Source-derived case information.

Citation
[2013] NZHC 3559
Parties
Appellant: SMITH; First Respondent: SMITH; Second Respondent: BROWN
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 December 2013
Procedural Posture
Application for Leave to Appeal to the Court of Appeal Arising From High Court Determination of an Appeal From the Family Court Under the Family Proceedings Act 1980 / Leave to Appeal Application
Outcome
Leave to appeal to the Court of Appeal declined.
Legal Topics
Parentage Testing, Guardianship, Leave to Appeal, Natural Justice, Jurisdiction and Remedies
Family Law Civil Procedure Judicial Review Administrative Law Parentage Testing Guardianship Leave to Appeal Natural Justice +1 more

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Parties

SMITH

Appellant

SMITH

First Respondent

BROWN

Second Respondent

Procedural Posture

Application for Leave to Appeal to the Court of Appeal Arising From High Court Determination of an Appeal From the Family Court Under the Family Proceedings Act 1980 / Leave to Appeal Application

Legal Issues

  1. 1 Whether leave to appeal should be granted to the Court of Appeal
  2. 2 Whether a Family Court judge's without‑notice recommendation for parentage testing was appealable
  3. 3 Whether a breach of natural justice renders the recommendation null and void

Ratio Decidendi

Leave to appeal was declined because the appeal did not raise a question of law or fact capable of bona fide and serious argument of sufficient importance to outweigh cost and delay; the Family Court judge had jurisdiction to make the recommendation, any breach of natural justice did not automatically require quashing, and the applicant will have an opportunity to be heard at the guardianship hearing so no relief is required at this stage.

Court Disposition

Leave to appeal to the Court of Appeal declined.

Orders

  • Leave to appeal to the Court of Appeal is declined.