KINGSTON & KINGSTON

The parties, the husband and wife, were before the court concerning an application to set aside final property orders made on 20 July 2006. The wife sought to set aside these orders on the grounds of a miscarriage of justice, alleging the husband had suppressed evidence by failing to disclose the existence of a proposed quarry and a wind farm agreement at the time the original orders were made. The husband opposed this application.

The court was required to determine whether a miscarriage of justice had occurred due to the alleged suppression of evidence, specifically the non-disclosure of information relating to a proposed quarry and a wind farm agreement. The court also had to consider whether, in light of any such miscarriage, it should exercise its discretion to vary or set aside the 2006 property orders.

Johns J ordered that the final hearing be vacated and that there be a separate hearing to determine the wife's application to set aside the 2006 orders. The court directed that, subject to any contrary order by the trial judge, the separate hearing would address whether a miscarriage of justice had occurred due to the suppression of evidence, including the failure to disclose relevant information or the giving of false evidence. Furthermore, the court ordered the parties to jointly instruct a valuer to provide valuations of specific properties as at 20 July 2006 and the present date, with the letter of instruction to be in a specified form. The court also ordered the parties to exchange certain documents within 14 days and dismissed other pending applications, listing all extant applications for mention on a future date.