30 Apr 2020
LOBB v RYAN [2020] NZHC 834
- Citation
- [2020] NZFLR 211
- Court
- High Court
The appeals are dismissed: the Family Court lacked jurisdiction to make an occupation order because the right to occupy 23 Orakei Road was a licence granted by the Lothbury Trust to the parties as discretionary beneficiaries and was not relationship property under the PRA 1976; accordingly ancillary orders and payment conditions tied to an occupation order could not be made; the Family Court could not reopen the Westpac credit contract under the CCA 2003 in the absence of Westpac's joinder and no statutory route exists for the Family Court to exercise CCA jurisdiction; the spousal maintenance…