28 Jun 2010
CLM V THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT AND ORS HC AK CIV-2009-404-7117
- Citation
- openlaw-d4f9a962_9e35_409f_b22d_9e4cf0b54f81.pdf
- Court
- High Court
The High Court held the Family Court's 14 October 2009 without-notice interim custody order breached CLM's right to natural justice under s27 NZBORA because the affidavit did not justify dispensing with notice or explain why notice would endanger the unborn child; the later on-notice hearing did not cure the original procedural breach as a matter warranting denial of declaratory relief, so a declaration was ordered and costs awarded to CLM against the Ministry (Category 2B), but indemnity costs were refused.