J v P

Case

[2013] NZHC 557

20 March 2013


Details
AGLC Case Decision Date
J v P [2013] NZHC 557 [2013] NZHC 557 20 March 2013

CaseChat Overview and Summary

This case involved an appeal against interlocutory orders in relationship property proceedings. The appeal was brought by J, a multimillionaire who was in a de facto relationship with P for some 11 years. They had three children. At the time of separation, P and the children moved to Auckland, where they lived in rented accommodation. They then moved into a property owned by a trust. The appeal was brought against the Family Court’s decision to order extensive discovery from J and the trustees of the trust in relation to the proceedings. The appeal was also brought against the Family Court’s decision to provisionally admit into evidence some matters referred to in P’s affidavits, which J had sought to have struck out. The appeal was allowed in part. The appeal against the Family Court’s discovery orders was allowed in part. The discovery ordered by the Family Court was too wide and too onerous. The appeal against the Family Court’s decision to provisionally admit some of P’s evidence was dismissed. The provisional admission of that evidence was not an error of principle and the appeal on this matter would be overtaken by events at or before trial.
Details

Areas of Law

  • Civil Litigation & Procedure

  • Family Law

Legal Concepts

  • Jurisdiction

  • Discovery & Disclosure

  • Res Judicata

  • Standing

  • Limitation Periods

  • Issue Estoppel

  • Admissibility of Evidence

  • Unconscionable Conduct

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Most Recent Citation
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Cases Citing This Decision

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Cases Cited

4

Statutory Material Cited

0

Dunsford v Shanly [2012] NZHC 257