New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Judicial conference

Legal area

Court

17 Mar 2017

MCVAY v CLINK [2017] NZHC 485

Citation

[2017] NZHC 485
Court

High Court

The High Court held the Family Court lacked jurisdiction to dismiss the appellant's FPA proceedings under r 195 without notice because r 195 applications are interlocutory and subject to r 218's notice requirement, and r 55 did not authorise dismissal in the circumstances because the substantive FPA application was not before the Court that day; accordingly the dismissal was set aside and the proceedings reinstated.
10 Jun 2014

AAR v PFN [2014] NZHC 1295

Citation

[2014] NZHC 1295
Court

High Court

A Family Court judge is entitled to use the wide discretionary powers conferred by rr 175 and 175D of the Family Courts Rules to determine interlocutory discovery and interrogatories applications at a judicial conference where doing so is consistent with the purpose of the Rules; on the facts the judge did not err in refusing further discovery because the respondent had made reasonable disclosure and further discovery would be disproportionate to the value remaining in dispute in the estate.