B v A

Case [2020] NZHC 580


NOTE: PURSUANT TO S 35A OF THE PROPERTY (RELATIONSHIPS) ACT 1976, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B,

11C AND 11D OF THE FAMILY COURT ACT 1980. FOR FURTHER INFORMATION, PLEASE SEE

https://www.justice.govt.nz/family/about/restriction-on-publishing-judgments/

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-002384

[2020] NZHC 580

UNDER THE Property (Relationships) Act 1976

IN THE MATTER OF

an appeal from a decision of the Family Court at Auckland on 25 September 2019

BETWEEN

B

Appellant

AND

A

Respondent

Hearing: 17 March 2020

Appearances:

B Snedden and J Gandy for Appellant B D Hayes for Respondent

Judgment:

20 March 2020


JUDGMENT OF WYLIE J


This judgment was delivered by Justice Wylie On 20 March 2020 at 3.00pm

Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar

Date:…………………………

Solicitors/counsel:

Thomas and Co (J Gandy)/B Snedden, Auckland Kidd Legal/B D Hayes, Auckland

B v A [2020] NZHC 580 [20 March 2020]

Introduction

[1]                  On 25 December 2019, Judge Druce in the Family Court at Auckland, set aside a relationship property settlement agreement entered into between the parties pursuant to s 21A of the Property (Relationships) Act 1976 (the Act).1

[2]                  The appellant, Mrs B, has filed a notice of appeal against the decision. She asserts that Judge Druce erred when he concluded that giving effect to the agreement would cause serious injustice. She asserts that the Judge relied on erroneous facts in reaching this conclusion.

[3]                  The respondent, Mr A, has filed a notice of a cross-appeal. He also challenges factual findings made by the Judge, notwithstanding that the judgment was in his favour. He challenges findings that:

(a)there was no proposed “immigration scam” as alleged by him; and

(b)he was not unreasonably pressured to sign the s 21A agreement by Mrs B.

He also alleges that the Judge erred in admitting in evidence a translation of an email dated 18 January 2012.

[4]                  The appeal is set down for hearing on 19 May 2020. Both parties, in anticipation of the appeal, have filed interlocutory applications:

(a)Mrs B seeks leave to adduce further evidence by way of affidavit pursuant to s 39B(3)(b) of the Act and r 20.16 of the High Court Rules. This application was initially consented to by Mr A, but subsequently he has withdrawn consent and filed a notice of opposition;

(b)Mr A seeks an order under r 9.34 requiring Mrs B to disclose the user name and password for her “gmail” account to an independent expert


1      A v B [2019] NZFC 7726.

so that that expert can check whether the email of 18 January 2012 is authentic or not, and a further order under s 39B(3)(b) and r 20.16 granting him leave to adduce such evidence as shall be obtained as a result of that inspection. This application is opposed by Mrs B.

(c)Mr A also seeks leave under s 39B(3)(b) and r 20.16 to file an affidavit in reply…

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B v A [2020] NZHC 580
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[2020] NZHC 580
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CaseChat Overview and Summary

In the High Court of New Zealand, the case of B v A [2020] NZHC 580 was heard. The appeal was against a Family Court decision to set aside a relationship property settlement agreement between the parties, Mrs B and Mr A. The agreement had been made under s 21A of the Property (Relationships) Act 1976. Mrs B challenged the Family Court's conclusion that enforcing the agreement would cause serious injustice, while Mr A cross-appealed against findings of fact made by the Family Court. Both parties also filed interlocutory applications seeking leave to adduce further evidence and orders for inspection of electronic communications. The court found that the interests of justice required the admission of further evidence by Mrs B, as the circumstances were exceptional, and the evidence was credible, cogent, and material. However, the court declined Mr A's application for an order for inspection, finding that it was not necessary for the proper determination of the appeal and that Mr A was not entitled to challenge the Family Court's factual findings. The court stayed the Family Court's decision pending the hearing of the appeal and ordered that Mrs B could adduce further evidence, while Mr A could file an affidavit in reply. The court also declined Mr A's application for an order under r 9.34. Mrs B was granted leave to claim her reasonable costs and disbursements.

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