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 2560
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: 16 September 2020 Appearances:
M R Walker and B B Gresson for the Applicant C J LaHatte for the Respondents
Judgment:
30 September 2020
JUDGMENT OF GAULT J
This judgment was delivered by me on 30 September 2020 at 4:30 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 2560 [30 September 2020]
[1] Ms Debra Lange commenced this proceeding seeking a sale order to enforce a judgment of the Family Court of Western Australia dated 12 June 2019 in proceedings between the same parties.1
[2]This Court issued a sale order on 12 March 2020.
[3] On 7 July 2020 the respondents applied for a stay of execution of the judgment and sale order.
[4] On 2 September 2020 the respondents also applied for leave/extension of time to oppose registration of the Western Australian judgment.
Factual background
[5] Ms Lange and the first respondent, Mr Terry Lange, commenced a relationship in 1994 and married in 1997. They had two children, born in 1997 and 1999.
[6]They separated in November 2013 and were divorced in 2016.
[7]During the marriage, they lived in a property in Lockridge, Western Australia.
[8] In 2010 Mr Lange purchased a property at 58 Jason Road (also known as 995 Oruru Road, Taipa), Kaitaia, New Zealand (the Kaitaia property).2
[9] Ms Lange commenced the Western Australian proceeding against Mr Lange in March 2014. An interim injunction was granted in relation to the Lockridge property.
[10] The Western Australian proceeding was due for trial in July 2017, but the day before trial Ms Lange applied to join Ms Maria Lange-Tupe, the adult daughter of Mr Lange and his previous partner, as second respondent. It had been disclosed earlier in 2017 that Mr Lange had transferred the Kaitaia property to Ms Lange-Tupe for
$514,633 and subsequently forgiven that debt.
1 Lange v Lange [2019] FCWA 128.
2 Lots 3, 4 and 5 DP390511 Record of Title 363200.
[11] The 2017 trial was vacated, and disclosure and timetable orders were made. Ms Lange-Tupe was joined in December 2017. The proceeding was further delayed due to Ms Lange-Tupe’s non-attendance at hearings in 2018. Further disclosure orders were made including to require Mr Lange to produce documents relating to the transfer of the Kaitaia property and the forgiveness of debt.
[12] The Western Australian proceeding ultimately went to a final hearing in April 2019. Ms Lange-Tupe did not attend.
[13] In a lengthy judgment dated 12 June 2019,…
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