Cowan v Cowan
[2021] NZSC 185
•20 December 2021
| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI |
| SC 130/2021 [2021] NZSC 185 |
| BETWEEN | CHRISTINE MARAMA COWAN |
| AND | JOHN ARTHUR COWAN |
| Hearing: | 15 December 2021 |
Court: | O’Regan, Ellen France and Williams JJ |
Counsel: | J Mason for Applicants |
Judgment: | 20 December 2021 |
JUDGMENT OF THE COURT
ALeave to appeal is granted (Cowan v Cowan [2021] NZCA 463).
BThe approved question is whether the Court of Appeal was correct to dismiss the appeal to that Court.
____________________________________________________________________
REASONS
The parties are asked to address in their appeal submissions whether the Court of Appeal was correct to exclude from its consideration factors other than the amount made available to support the obligations of the applicants under the undertaking required by the earlier Court of Appeal decision.[1]
[1]Cowan v Cowan [2021] NZCA 31.
We direct the applicants to file and serve on or before 22 December 2021 an affidavit from one of the applicants setting out the amount they can provide to substantiate their undertaking and what they propose to do with the amount to ensure it is available to the first respondent in the event that the applicants’ substantive claim fails.
We direct counsel for the applicants to advise the Court no later than 23 December 2022 and again by no later than 31 January 2022 of the steps taken to ensure the substantive proceedings are heard and determined promptly. The Court expects the applicants to seek a priority fixture in the High Court.
We ask the Registrar of this Court to set the appeal down for hearing in February 2022. We authorise the Registrar to abbreviate the normal timetable for the filing of submissions to ensure a hearing in February can occur.
Solicitors:
Phoenix Law Ltd, Wellington for Applicants
Batt Law, Masterton for First Respondent
Morrison Kent, Wellington for Second Respondents
0