IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE
CIV-2019-488-60
[2020] NZHC 3151
UNDER the Trans-Tasman Proceedings Act 2010 IN THE MATTER
of a judgment registered pursuant to s 57 of the Act
BETWEEN
DEBRA GISELLA LANGE
Applicant
AND
TERRY CECIL LANGE
First Respondent
MARIA ANN LANGE-TUPE
Second Respondent
Hearing: On the papers Counsel:
M R Walker and B B Gresson for the Applicant C J LaHatte for the Respondents
Judgment:
30 November 2020
JUDGMENT OF GAULT J
(Applications for leave to appeal and stay)
This judgment was delivered by me on 30 November 2020 at 4:00 pm pursuant to r 11.5 of the High Court Rules 2016.
Registrar/Deputy Registrar
……………………………………
Solicitors:
Mr M R Walker and Mr B B Gresson, Todd & Walker, Queenstown Mr C J LaHatte, Wellington
Ord Legal (Respondents’ instructing solicitor), Wellington
LANGE v LANGE [2020] NZHC 3151 [30 November 2020]
Introduction
[1] Mr Lange and Ms Lange-Tupe seek leave to appeal against my judgment dated 30 September 2020, dismissing their application for a stay and to set aside registration of a Western Australian judgment in favour of Ms Lange under the Trans-Tasman Proceedings Act 2010 (TTPA).1 Mr Lange and Ms Lange-Tupe also apply for a stay of execution of my judgment pending appeal.
[2] The parties consent to the applications being determined on the papers. Ms Lange abides the decision of the Court in respect of whether leave to appeal is required, and if required, whether leave should be granted. She opposes the application for a stay pending appeal.
Background
[3] The factual background to the proceeding is set out in my judgment of 30 September 2020. I do not repeat it in detail here.
[4] Ms Lange and Mr Lange were married in 1997. They separated in November 2013 and divorced in 2016. During the marriage, they lived in Western Australia.
[5]In 2010 Mr Lange purchased a property in Kaitaia (the Kaitaia property).
[6] After separation, in 2014 Ms Lange commenced the Western Australian proceeding.
[7] In 2017 Mr Lange transferred the Kaitaia property to his adult daughter, Ms Lange-Tupe, and subsequently forgave the debt.
[8] On 12 June 2019, Moncrieff J in the Family Court in Australia relevantly ordered Mr Lange and Ms Lange-Tupe to pay Ms Lange $514,633 (the Western Australian judgment).2 He concluded the transfer and deed of forgiveness in favour of Ms Lange-Tupe were dispositions to defeat Ms Lange’s claim to the property.
1 Lange v Lange [2020] NZHC 2560.
2 Less any payments in compliance with other orders.
Moncrieff J ordered that the deed of forgiveness be set aside and ordered a charge be placed over the Kaitaia property.
[9] There was no appeal against the Western Australian judgment. It was registered in this Court on 25 July 2019 pursuant to s 57 of the TTPA.
[10]Ms Lange then sought a sale order for the Kaitaia property.
[11] Mr Lange and Ms Lange-Tupe applied for a stay of execution of…
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- AGLC
- Lange v Lange [2020] NZHC 3151
- Case
- [2020] NZHC 3151
- Decision Date
CaseChat Overview and Summary
The court considered whether leave to appeal was required. The application for leave to appeal implicitly accepted that leave was required. The court concluded that leave was required as the decision did not fall under s 56(4) of the Senior Courts Act 2016. The court then considered whether leave to appeal should be granted. The court assessed whether there was an arguable error of law or fact, whether the alleged error was of general or public importance warranting determination, whether the circumstances warranted incurring further delay, and whether the interests of justice were served by granting leave. The court concluded that there was no arguable error, and the circumstances did not warrant incurring further delay. The court declined the application for leave to appeal.
The court then considered the application for a stay pending appeal. The court exercised its discretion in a manner which, balancing all the factors, best met the overall justice of the case. The court declined the application for a stay pending appeal. The application for leave to appeal and for a stay pending appeal was declined.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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