| NOTE: ORDERS ARE IN FORCE IN THE HIGH COURT PROHIBITING THE PUBLICATION OR IDENTIFYING PARTICULARS OF THE RESPONDENT. |
| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI |
| SC 129/2021 [2021] NZSC 164 |
| BETWEEN | LFDB |
| AND | SM |
| Court: | William Young, Glazebrook and Ellen France JJ |
Counsel: | Applicant in person |
Judgment: | 30 November 2021 |
JUDGMENT OF THE COURT
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
____________________________________________________________________
REASONS
Introduction
In late 2020, the Registrar of the High Court declined to accept for filing a notice of application in which, amongst other matters, the applicant sought reconsideration and setting aside of the judgment of the High Court of 27 October 2015 (the October 2015 judgment) in the parties’ relationship property proceeding.[1] The Registrar’s decision was upheld on review by Brewer J. The applicant appealed to the Court of Appeal against Brewer J’s decision. The Court subsequently made orders striking out the appeal under r 44A(1) of the Court of Appeal (Civil) Rules 2005, essentially on the basis the appeal was an abuse of the process of the Court.[2] The applicant now seeks leave to appeal to this Court from that decision.
Background
[1]SM v LFDB [2015] NZHC 2630 (as reissued on 26 November 2015).
[2]LFDB v SM [2021] NZCA 445 (Kós P, Brown and Goddard JJ) [CA judgment]. After the Court advised the parties it was considering strike-out, the parties filed submissions on strike-out.
The lengthy litigation history of this matter is set out in the judgment of the Court of Appeal.[3] For present purposes, we need only note that an order debarring the applicant from taking any further part in the relationship property proceeding after non-compliance with unless orders remains in force.[4] This Court granted leave to appeal against the decision to make the order debarring the applicant,[5] but leave was subsequently withdrawn.[6] The Court had “formed the view that the manner in which the [applicant] has continued to conduct the proceeding [was] oppressive”[7] and the applicant was “gaming the court system”.[8]
[3]At [5]–[15].
[4]SM v LFDB [2014] NZCA 326, [2014] 3 NZLR 494 at [37].
[6]LFDB v SM [2014] NZSC 197, (2014) 22 PRNZ 262.
[7]At [26].
[8]At [27].
Following that decision, the High Court determined the substantive relationship property proceeding on a formal proof basis. This is the October 2015 judgment the applicant sought to challenge through the notice of application in the High Court. In that judgment, the Court made various orders for the division of relationship property and payment of compensation, including maintenance, the effect of which was that the applicant was to pay various sums to the respondent.
The applicant sought to appeal the October 2015 judgment out of time. On 29 June 2016, the Court of Appeal granted an extension of time to appeal on various…
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- LFDB v SM [2021] NZSC 164
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- [2021] NZSC 164
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