LAC v KAY HC Dunedin CIV 2010-412-57

[2010] NZHC 1254

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

CIV 2010-412-57

UNDER  The Property (Relationships) Act 1976

IN THE MATTER OF     an appeal pursuant to s 39 of that Act

BETWEEN  LAC Appellant

ANDKAY Respondent

Hearing:         13 July 2010 (On papers) (Heard at Wellington)

Counsel:         L A Andersen for Appellant

A J Logan and R E Cardoza for Respondent

Judgment:      13 July 2010

JUDGMENT OF MILLER J

[1]      LAC seeks leave to appeal to the Court of Appeal from my judgment of 21

May 2010.  KAY consents.

[2]      The proposed appeal raises an arguable question of law.   The question is whether a further appeal is necessary or appropriate at this stage, having regard to the inevitability of a hearing in the Family Court in any event.  An appeal might be pursued once the facts are established.  However, unless the question of which Court enjoys jurisdiction is finally resolved now it is possible that a further hearing might

be required in the High Court to deal with some relationship property issues.

LAC V KAY HC DUN CIV 2010-412-57  13 July 2010

[3]      For these reasons, leave to appeal is granted.

Miller J

Solicitors:

Albert Alloo & Sons, Dunedin for Appellant

Ross Dowling Marquet Griffin, Dunedin for Respondent