WAH v WTW

[2011] NZSC 19

NOTE: PURSUANT TO S 139 OF THE CARE OF CHILDREN ACT 2004, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B TO 11D OF THE FAMILY COURTS ACT 1980.

IN THE SUPREME COURT OF NEW ZEALAND

SC 142/2010
[2011] NZSC 19

BETWEEN  WAH
Applicant

AND  WTW
First Respondent

AND  LFA
Second Respondent

AND  MMCP
Third Respondent

Court:             Blanchard, McGrath and William Young JJ

Counsel:         Applicant in Person
No appearance for First Respondent
G A Cole for Second Respondent
Third Respondent in Person
E J Child for Chief Executive of Ministry of Social Development as Intervener

Judgment:      14 March 2011

JUDGMENT OF THE COURT

AThe application by the Chief Executive of the Ministry of Social Development for leave to intervene is granted.

BThe application for leave to appeal is dismissed.

REASONS

1. We have given leave for the intervention by the Chief Executive of Ministry of Social Development in the absence of any party opposing the application for leave.  We agree with the intervener that the applicant should not be granted leave.  The bias allegation was properly dealt with by the Court of Appeal[1] and does not require revisiting.  In part the applicant appears to be now raising new matters which do not appear to have been mentioned to the Court of Appeal and, in any event, if they occurred, would not be a basis for an allegation of an appearance of bias.

   [1]      WAH v WTW [2010] NZCA 577.

2. Given the extensive history of the case, the course taken by the High Court[2] was well open to it under the Care of Children Act 2004.  The other complaints made by the applicant are of no substance for the reasons given by the Court of Appeal and in the intervener’s submissions.

   [2]      Applications by WAH HC Auckland CIV-2007-404-7415, 9 July 2010.

Solicitors:

Crown Law Office, Wellington