New Zealand Case Law: Decisions & Judgments

Topic

Section 182 family proceedings act

Legal area

Court

9 Jul 2021

OLLIVER v SPARKS [2021] NZHC 1714

Citation

OLLIVER v SPARKS [2021] NZHC 1714
Court

High Court

Costs of Ms Sparks' strike out and/or defendant's summary judgment application are reserved to the substantive proceeding because the application was not unreasonable or an abuse of process and the Court exercises its discretion to defer costs where a reasonable case was advanced; consequently no interim costs award is made and submissions seeking 3C scale, a 75% uplift or certification for second counsel were rejected as unjustified.
18 May 2010

WILLIAMS V WILLIAMS AND ORS HC CHCH CIV-2006-409-002948

Citation

openlaw-03d5fbbe_233f_47aa_ac4c_b316ef6ae7d9.pdf
Court

High Court

No valid opposition was filed or advanced; the objection based on prior s 182 orders was not a legally valid ground to resist the vesting application; accordingly the Court granted the application and vested title in the Public Trust while reserving costs pending resolution of the caveat.
20 Jan 2009

X V X AND ANOR HC AK CIV 2008-404-008132

Citation

openlaw-87a9cf76_ac1d_4789_8fc3_f31cbd6c9247.pdf
Court

High Court

Leave to file the appeal and cross‑appeal out of time was granted because the delay was caused by counsel's misapprehension of procedure and the parties always intended to appeal; the appeal and cross‑appeal were transferred to the Court of Appeal under s 64 of the Judicature Act because exceptional circumstances existed (the s 15 issue is integral to the dispute, the Court of Appeal had already heard related issues and would benefit from prior judgments and factual findings, proceedings had been significantly delayed and a further appeal was inevitable) and a Full Court of the High Court wou…

New Zealand Case Law

OLLIVER v SPARKS [2021] NZHC 1714

WILLIAMS V WILLIAMS AND ORS HC CHCH CIV-2006-409-002948

X V X AND ANOR HC AK CIV 2008-404-008132