New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Statutory exclusion (part 8 family proceedings act)
  • 16 Aug 2016

    EMAJOR v EMAJOR [2016] NZHC 2022

    Citation
    (2016) 23 PRNZ 338
    Court
    High Court

    The Court declared the Mexican Superior Court judgment enforceable in New Zealand because fraud was not proved to the strict legal standard and the public policy/substantial justice exception was not engaged; Part 8 of the Family Proceedings Act 1980 did not plainly or necessarily exclude the High Court's inherent jurisdiction to enforce a foreign maintenance judgment; the amount due under the Mexican judgment is ascertainable and enforceable as accrued arrears only; and arrears that accrued before 21 August 2007 are barred by the Limitation Act 1950.