Rabson v Gallagher

The Court of Appeal of New Zealand considered an application by Malcolm Edward Rabson, as trustee of the Malcolm Rabson Family Trust, for a review of a minute by Justice Harrison dated 6 October 2016. This minute directed that Rabson's application for clarification of orders from a previous judgment be set down for hearing on 28 November 2016. The application arose from a long-standing dispute between Rabson and Linda Gallagher over the division of property accumulated during their relationship. The primary legal issue before the Court was whether the minute, which imposed certain conditions on the application for clarification, was properly made under the Court's inherent jurisdiction.

The Court examined whether the direction set by Harrison J to provide further details before proceeding with the application for clarification was an appropriate exercise of the Court's power to make incidental orders. The Court concluded that the direction was reasonable and necessary because the original judges who made the orders in question were no longer available, and the new judges would benefit from submissions from both parties. The Court held that the minute did not improperly obstruct Rabson's request for clarification and that the hearing date set was justified to allow the parties to prepare their submissions. Consequently, the Court declined Rabson's application for review and confirmed the hearing date as directed by Harrison J.