Dixon v Kingsley

Case [2015] NZHC 2044


NOTE: CONFIDENTIALITY ORDER MADE AT [67]

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2015-404-1350 [2015] NZHC 2044

BETWEEN

JAKE DIXON

Appellant

AND

CAROL KINGSLEY Respondent

Hearing: 3 August 2015

Counsel:

K A Muir for Appellant
D T Chambers QC for Respondent

Judgment:

27 August 2015

JUDGMENT OF THE HON JUSTICE KÓS

[1]      What principles govern documentary discovery in relationship property cases in the Family Court?   How should those principles be applied?   Those are the primary questions in this appeal.

[2]      The parties were formerly husband and wife.   They married in 1994, but separated in April 2012.  The major item of relationship property in issue is shares held by Ms Kingsley in a company.1

[3]      Ms  Kingsley  held  30  per  cent  of  the  company’s  shares  at  the  time  of separation.   She concedes those shares are relationship property.   But on 30 July

2012  she  acquired  a  further  10  per  cent  shareholding  from  three  departing

shareholder/employees. The status of these shares is in issue.

1 See [6]–[11] below. The names of the parties have been anonymised, following the approach adopted in the Family Court

DIXON v KINGSLEY [2015] NZHC 2044 [27 August 2015]

[4]      Relationship property proceedings were filed in the Family Court in 2013.  In February  2015  Mr Dixon  filed  an  application  for  particular  discovery  against Ms Kingsley  and  non-parties  (including  the  company).    In  particular  he  sought discovery relating to employment issues in 2012 between the company and the three shareholder/employees, documents concerning changes to the current account balances of shareholders in the company since 1 January 2012, bank statements evidencing  accounts  into  which  dividends  were  paid  or  funds  credited  from Ms Kingsley’s current account or paid to Ms Kingsley or an associated company, and documents connected with a successful tender by the company awarded in June

2012.

[5]      As will become apparent in reasons that follow, Judge D A Burns either declined  to  grant  this  discovery,  or  granted  it  on  a  more  restrictive  basis  than Mr Dixon had sought.

Confidentiality

[6]      At the commencement of the hearing before the Judge in April, counsel for Mr Dixon addressed the Court on anonymisation of parties’ names.   This was to protect the parties’ two children and for other privacy reasons including commercial sensitivity.  An earlier decision of the Court on interim maintenance had been anonymised using the names “Jake Dixon” and “Carol Kingsley”.   The Judge indicated that his decision would be anonymised.  He said he was likely to issue a draft and allow the parties to propose redactions.

[7]      Judge Burns’ decision was issued in May.   It was not anonymised.   The omission was taken up by counsel for Mr Dixon.  Judge Burns then issued a minute. It notes that a request had been made in Court to anonymise the judgment – and that it had been granted.   The Judge invited counsel to submit a redacted version for approval.  It is unclear whether that invitation was taken up.

[8]      Counsel for Mr Dixon submitted his synopsis of appeal submissions in this Court using…

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Dixon v Kingsley [2015] NZHC 2044
Case
[2015] NZHC 2044
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CaseChat Overview and Summary

Dixon v Kingsley was an appeal heard by the High Court in Auckland. The parties were formerly husband and wife and had two children. The primary issue in the appeal was the principles governing documentary discovery in relationship property cases in the Family Court. The appeal also considered how these principles should be applied in practice. The High Court found that the principles governing discovery in relationship property litigation should be robust, not unduly onerous, reasonably necessary at the time sought, and tailored to the needs of the Court. The Court held that the appeal judge had erred in his approach to discovery in three areas. First, the Court found that tailored discovery should be ordered in relation to documents concerning the circumstances of the acquisition of an additional 10 per cent shareholding by Ms Kingsley in the company. Secondly, the Court held that the appeal judge should not have declined to order discovery of all bank statements for accounts into which Ms Kingsley or her partner had a beneficial interest. Thirdly, the Court held that the appeal judge should not have declined to order discovery of Ms Kingsley’s partner’s bank statements. The appeal was allowed in these respects, and leave was reserved for the appellant to make further application for tailored discovery in relation to Ms Kingsley’s s 18B claim. The identities of the parties were anonymised, and a confidentiality order was made. Costs were reserved.

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