Finucane v Registrar of the District Court at Auckland

[2016] NZHC 1043

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2016-404-1008 [2016] NZHC 1043

IN THE MATTER

of the Judicature Act 1908

IN THE MATTER

of a witness summons to attend at the
Family Court at Auckland

BETWEEN

GREGORY SCOTT FINUCANE Applicant

AND

REGISTRAR OF THE DISTRICT COURT AT AUCKLAND

First Respondent

JULIA MARGARET GALBREATH Second Respondent

Hearing:	19 May 2016
Appearances:	A G V Rogers for Applicant No appearance for Respondents
Judgment:	19 May 2016

JUDGMENT OF LANG J

This judgment was delivered by me on 19 May 2016 at 3.30 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

FINUCANE v REGISTRAR OF THE DISTRICT COURT [2016] NZHC 1043 [19 May 2016]

[1]      In  this  proceeding  Dr  Finucane  seeks  an  order  setting  aside  a  witness summons directing him to attend to give evidence at the Family Court in Auckland on 23 May 2016.  Dr Finucane has filed the application because he is also required to give evidence on the same date at a criminal hearing in the District Court at Christchurch.   In that proceeding Dr Finucane is scheduled to give evidence on behalf of a defendant who is charged with careless driving causing death.   The Christchurch hearing is scheduled to occupy three days.

[2]      I can understand Dr Finucane’s concern, because Judge Neave has apparently indicated that he would prefer the expert witnesses in the Christchurch proceeding to be present at Court when the lay witnesses give evidence.   Dr Finucane is not, however, summonsed to  attend  the Christchurch hearing, and  I consider he can adequately discharge his responsibilities to the Court by reading a transcript of the evidence given at that hearing on 23 May 2016.  It is anticipated that Dr Finucane will be able to complete his evidence in Auckland by early afternoon on 23 May, and will then be able to travel to Christchurch to meet his obligations in respect of the Christchurch hearing.

[3]      I  consider  that  Dr  Finucane’s  obligation  to  attend  the  Family  Court  in Auckland on 23 May 2016 has priority.  For that reason I am not prepared to set the witness summons in respect of that hearing aside.

[4]      The application to set aside the witness summons is dismissed.

Lang J

Solicitors:

McLeod & Associates, Auckland