22 Dec 2016
BROWN v SINCLAIR AND ORS [2016] NZHC 3196
- Citation
- [2016] NZHC 3196
- Court
- High Court
The Court held that multiple Family Court orders that effectively debarred or prevented the applicant from participating were unlawful or unreasonable because they were made without appropriate procedural safeguards (not preceded by an unless order or adequate opportunity to be heard), were disproportionate given the limited assets and the applicant's overseas circumstances, and led to unjust denial of access to justice; accordingly key orders (debarring, unless and security for costs, certain costs awards and an attachment) were set aside and the relationship property matter remitted for reh…