Banicevic ex parte Cuddon

[2021] NZHC 1419

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

No. D 312/1981

[2021] NZHC 1419

RE	ANGELA BANICEVIC of the New South Wales Trustee and Guardian, Australia Applicant
EX PARTE	ANTHONY ERIC CUDDON and JAN MARIE CUDDON

No. D 410/1970
RE	ANGELA BANICEVIC of the New South Wales Trustee and Guardian, Australia Applicant
EX PARTE	SUZANNE EVE CUDDON and ANTHONY ERIC CUDDON

Hearing:	(Determined on the Papers)
Judgment:	16 June 2021

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 16 June 2021 at 12 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 16 June 2021

Re BANICEVIC EX PARTE CUDDON [2021] NZHC 1419 [16 June 2021]

[1]    The applicant, Ms Angela Banicevic of the New South Wales Trustee and Guardian, Australia (NSW Trustee & Guardian) has sought information relating to the late Anthony Eric Cuddon who died in New South Wales, Australia. The NSW Trustee & Guardian are administering the estate.

[2]    Ms Banicevic explains that information is sought to confirm who might have an entitlement in respect of the late Mr Cuddon’s estate.

[3]The applicant seeks the following information from both files:

(a)The date and place of marriage and a copy of the marriage certificate (if possible);

(b)the decree absolute documents; and

(c)information about whether there were children of either marriage and details of the same;

[4]    Access to court files is governed by the Senior Courts (Access to Court Documents) Rules 2017 (the Rules). Under r 7(1) of the Rules a person may not access a court file in relation to divorce matters unless a judge is satisfied there is good reason for permitting access. Both the files to which access is sought in this application are divorce files.

[5]    That said, the applicant does not seek access to the evidence filed in the proceedings. The NSW Trustee & Guardian is a state government agency. A copy of an order granting letters of administration to the NSW Trustee & Guardian has been provided. I am satisfied that the applicant has a proper reason for seeking to access information on the files.

[6]    There is a marriage certificate on each file. Marriage certificates are publicly accessible documents in New Zealand. Accordingly, there is no confidentiality issue in making the marriage certificates on each file available to the applicant.

[7]    Nor do I consider there to be privacy issues in relation to the decrees absolute. One marriage certificate records the previous decree.

[8]    As to information about the presence of children, on file D 312/1981 there is reference to Anthony and Jan Cuddon having only one child who is named as Carly Louise Cuddon, born 16 June 1974.

[9]The papers in D 410/1970 disclose that there were no children of that marriage.

[10]    Accordingly, I am satisfied it is appropriate that copies of the marriage certificates and of the decree absolute documents be provided to the applicant.

[11]   Given the applicant does not wish to have access to other material on the file and only information about whether there were children of either marriage, I trust the detail provided in this judgment is sufficient. However, if a copy of the material referring to the child’s identity is required, then such may be requested.

Associate Judge Lester