New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Property (relationships) act s44

Legal area

Court

9 Aug 2021

BENNIMAN v HARMER and [2021] NZHC 2049

Citation

[2021] NZHC 2049
Court

High Court

The court refused to order security because the plaintiff, though impecunious, advanced a claim that is not hopeless and is worth being heard; ordering significant security would likely stifle access to justice and that risk outweighed the defendants' interest in protection from a barren costs order, so in all the circumstances it was not just to order security.
10 Jul 2012

MELODY v MELODY HC NWP CIV-2012-443-200

Citation

openlaw-e2cd2278_f03c_4882_a9c0_06cd2b8b4c77.pdf
Court

High Court

The appeal is dismissed because the Family Court Judge did not err in law or fact and properly exercised his discretion in declining non‑party discovery of the annual accounts at this stage: the appellant conceded the annual accounts were not necessary now, the Judge ordered relevant transactional disclosure of current accounts and left open further inquiry; no basis existed for appellate interference.