10 Feb 2023
G v G [2023] NZHC 166
- Citation
- [2023] NZHC 166
- Court
- High Court
The Family Court has discretionary jurisdiction under s27 to make declarations that a dissolution is invalid in limited and exceptional circumstances (fundamental lack of jurisdiction, nullity on its face, or procedural denial of natural justice/fundamental miscarriage). However, the discretion is to be exercised sparingly to protect certainty of status and reliance interests; where the marriage dissolution would have been inevitable, parties have relied on the order, and quashing it would be futile and harmful, the Court may and should refuse declaratory relief. Applying those principles, th…