Smith v Smith

The appeal in Smith v Smith [2020] NZCA 556 involved Boyd Smith, the appellant, appealing the findings of the High Court in relation to contempt proceedings against Machiko Smith, the respondent. The substantive judgment found that Ms Smith had acted in contempt in respect of four identified transactions and the costs judgment ruled that costs should "lie where they fall". The appeal challenged the Judge’s finding that 30 other transactions did not constitute contempt. The Court of Appeal dismissed the appeal and upheld the findings of the High Court. The appeal court found that the restraining order was not sufficiently clear and unambiguous to capture activity on the Kiwibank accounts. The appeal court also found that the contempts, if any, were of a trifling nature and the proceedings were largely punitive. The appeal court found no error in the Judge's exercise of discretion as to penalty and upheld the Judge's decision that costs should lie where they fall.