29 Sept 2023
[PEELING] v [JACOBS] [2023] NZHC 2733
- Citation
- [2023] NZHC 2733
- Court
- High Court
Although the Family Court erred in citing Rule 193, the material justified dismissal under s140 COCA: continuation of the guardianship application would be clearly contrary to the children's welfare and best interests because the children oppose further proceedings, have recently attained stability, no demonstrable benefit to them was shown, and appointment would risk conflict and disruption; accordingly the strike out is upheld on s140 grounds.