H v M

[2008] NZCA 131

IN THE COURT OF APPEAL OF NEW ZEALAND

CA171/2008
[2008] NZCA 131

BETWEENH

Applicant

ANDM

Respondent

Hearing:21 May 2008

Court:O'Regan, Priestley and Heath JJ

Counsel:S L Abdale and S Member for Applicant

M M Casey and S A John for Respondent

Judgment:21 May 2008 (Oral)

JUDGMENT OF THE COURT

A        The application for leave to amend the grounds of appeal is dismissed.

B        The application for leave to appeal is dismissed.

CWe confirm the direction of the High Court remitting the matter to the Family Court for implementation of the order requiring that V be returned to Germany.  We direct counsel to file in the Family Court a joint memorandum, if they can agree, or separate memoranda if they cannot agree, setting out proposed orders and directions required as a result of the Family Court judgment.  That memorandum or those memoranda must be filed within seven days of today’s date.

DThis decision may be cited as Harper v Johnson.

ECosts are reserved.  We give leave to the respondent to file a memorandum seeking costs in the event that the applicant’s application for legal aid is declined.  If such an application is made, the Court will set a timetable for the making of submissions.

(Reasons will follow)

Solicitors:
Turner Hopkins, Auckland for Applicant