3 Mar 2008
HIRSTICH V KAHOTEA HC AK CIV 2008-404-000224
- Citation
- openlaw-13bef440_4264_490e_b06b_bf823f41344b.pdf
- Court
- High Court
The High Court held that where a Family Court judge's post-order judgment left ambiguity as to the required extent of discovery (in particular concerning formation documents of a trust), the appropriate remedy is to remit the matter to the Family Court judge for clarification; where specific documents exist (Grahamtown tax return to 31 March 2006) they must be produced, but the appellate court will not overturn the trial judge's exercise of discretion on enforcement or costs absent clear error.
- Departure order under child support act s104
- Discovery and non-party discovery
- Enforcement of discovery (family courts rules r237)
- Costs
- Trust disclosure