Hodson v Hodson HC Napier CIV-2011-441-618

[2011] NZHC 1837

NOTE: ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS

11B TO 11D OF THE FAMILY COURTS ACT 1980.  PARTIES' NAMES HAVE BEEN ALTERED.

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

CIV-2011-441-618

IN THE MATTER OF     the Family Proceedings Act 1980

BETWEEN  M HODSON Appellant

ANDT HODSON Respondent

Hearing:         24 November 2011

Counsel:         A J Davies with N J Booth for Appellant

C M Hickman for Respondent

Judgment:      24 November 2011

INTERIM JUDGMENT OF THE HON JUSTICE KÓS

[1]      On  16  September  2011  Judge  Callinicos,  sitting  in  the  Family  Court  at Napier, made an interim spousal maintenance order pursuant to s 82 of the Family Proceedings  Act  1980.    The  terms  of  the  order  were  that  Mr  Hodson1   pay Mrs Hodson  a  periodic  weekly  amount  of  $770  per  week.    Payments  were  to commence on 23 September 2011, and conclude on 23 March 2012.

[2]      Mr Hodson has appealed that order.  He sought a stay of the Family Court

Judge’s order, in the High Court. That application was refused by MacKenzie J.

1      With the parties’ consent, fictitious names have been used in this judgment.

M HODSON V T HODSON HC NAP CIV-2011-441-618 24 November 2011

[3]      When  the  substantive  appeal  came  before  me  this  morning,  it  became apparent that despite the terms of the Family Court order, and despite the fact that the application for stay had been refused, Mr Hodson has made no interim spousal maintenance  payment  whatever  to  Mrs  Hodson.    The arrears  currently stand  at

$6,930.

[4]      I made clear to Mr Hodson’s counsel this morning that I was not prepared to entertain the appeal unless his client first complies with the Family Court Judge’s order.  In the circumstances, I considered it necessary, to ensure that payments are duly made, that Mr Hodson pay the total amount of the Family Court Judge’s order into his solicitor’s trust account.

[5]      Accordingly,  I make an  order requiring the appellant  to  pay the sum  of

$20,000 into the trust account of Willis Toomey Robinson, no later than 4.00 pm on

1 December 2011.  A memorandum is to be filed confirming that that has been done. Mr Davies of that firm is then to disburse those funds to Mrs Hodson in accordance with the order of the Family Court (as varied, if varied, by this Court in due course). Delivery of this Court’s final judgment on the appeal will be conditional upon that occurring.  If payment is not made in accordance with this order, the appeal will be struck out, with costs in favour of the respondent.

Stephen Kós J

Solicitors:

Willis Toomey Robinson, Napier for Appellant

Souness Stone, Hastings for Respondent