IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2021-404-001138
[2021] NZHC 3091
UNDER the Senior Courts Act 2016 IN THE MATTER OF
Section 166 orders
BETWEEN
MONIKA KHATRI
ApplicantAND
VIN TOMAR
Respondent
Hearing: 1 November 2021 Appearances (via VMR):
Applicant in person Respondent in person
SP Jerebine counsel assisting the Court
Judgment:
18 November 2021
JUDGMENT OF DOWNS J
This judgment was delivered by me on Thursday, 18 November 2021 at 11 am pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors/Counsel:
SP Jerebine, Auckland.
Copy to: Applicant and Respondent.
KHATRI v TOMAR [2021] NZHC 3091 [18 November 2021]
Is enough, enough?
[1] Monika Khatri was successful in the Family Court against her former husband, Vin Tomar. Mr Tomar was, at best, an especially difficult defendant. He filed dozens of meritless applications, which took time, money and effort to resist. Mr Tomar also brought three unsuccessful appeals to this Court. Related litigation is ongoing.
[2] Ms Khatri has had enough. She seeks an order banning Mr Tomar from commencing or continuing any civil proceedings against her. The applicable statute requires the person to be banned to have commenced or continued at least two or more totally unmeritorious proceedings. The primary question is whether Mr Tomar’s applications—all of which were brought in the context of litigation instigated by Ms Khatri—constitute “proceedings commenced or continued” by Mr Tomar. Ms Khatri is self-represented. So too Mr Tomar. Unsurprisingly, neither could add much to this question.
The background
[3]Ms Khatri and Mr Tomar married 27 April 2008. They have one son.
[4] Ms Khatri left Mr Tomar 12 December 2016. On the same day, Ms Khatri sought and obtained a temporary protection order; interim parenting order; and ancillary furniture order. Ms Khatri moved to Hamilton with their son. Mr Tomar remained in Auckland.
[5] On 11 August 2017, Judge D R Brown discharged the temporary protection order and made a final protection order.1
[6]On 13 December 2017, Ms Khatri applied for division of relationship property.
[7]On 21 May 2019, Mr Tomar applied for a parenting order in his favour.
[8] Judge A J Twaddle addressed this and other applications in a four-day hearing beginning 18 February 2020. On 19 March 2020, the Judge discharged the interim
1 Tomar v Tomar [2017] NZFC 6328.
parenting order and made a final parenting order. He held the son should remain in Ms Khatri’s daily care with Mr Tomar having contact at weekends and holidays.2 The Judge dismissed an application by Mr Tomar to discharge the protection order.
[9] On 20 March 2020, Judge D A Burns heard Ms Khatri’s application concerning relationship property. On 22 May 20203 and 20 May 2021,4 the Judge found largely in her favour.
[10] Mr Tomar appealed Judge Twaddle’s decision and both decisions of Judge Burns. Campbell J dismissed the former 27 May 2021.5 Lang J dismissed the other appeals 10 September 2021.6
[11] This précis omits Mr…
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