New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Discharge of notices of claim
  • 30 Jan 2009

    JALALU KHAN MAQBOOL V JAYSHREE RATILAL PATEL HC AK CIV 2008-404-007915

    Citation
    openlaw-7398226d_51b9_4ef4_bfc7_0a3fc4ca1bbf.pdf
    Court
    High Court

    The application is dismissed as vexatious and an abuse of process because the Family Court has already determined that the notices of claim do not lapse and proceedings to determine the respondent's interest remain pending; the High Court will not re-open or reverse that Family Court decision and the applicant failed to show changed circumstances or sufficient evidence of hardship to justify discharge of the notices.

    • Notices of claim
    • Abuse of process
    • Property (relationships) act 1976
    • Discharge of notices of claim
    • Relationship property
    • Costs