New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Hague convention implementation

Legal area

Court

27 Nov 2015

BK v CJ & KJ [2015] NZHC 2990

Citation

[2015] NZHC 2990
Court

High Court

Court held there is jurisdiction to award costs against an unsuccessful s 105 applicant, but where the Central Authority has facilitated the application by appointing counsel and no special circumstances exist, policy and Convention considerations require the court to exercise its discretion to refuse to award costs; accordingly costs were refused in this case.
12 Aug 2010

MHS V PIW HC NWP CIV-2010-443-000292

Citation

openlaw-34a2fed6_8983_40c1_8d2a_9c29e2916a82.pdf
Court

High Court

The High Court dismissed the appeal because the appellant failed to establish either acquiescence by the respondent or that returning the child to Australia would expose him to a grave risk of psychological harm or place him in an intolerable situation; Australian legal mechanisms and authorities were capable of addressing the issues, and the delay in filing was not shown to be attributable to the respondent.