Wootton v Wootton - [2020] NZCA 654

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA566/2020
CA600/2020
[2020] NZCA 654

BETWEEN	MARGARET ANN WOOTTON Appellant
AND	PHILLIP GARRY WOOTTON Respondent

Counsel:	Applicant in person E J Collins for Respondent
Judgment: (On the papers)	17 December 2020 at 10.30 am

JUDGMENT OF CLIFFORD J
Review of Deputy Registrar’s decision

The applications to review the Deputy Registrar’s decision are declined.

____________________________________________________________________

REASONS

Introduction

This is an application by Margaret Wootton to review three decisions made by the Deputy Registrar relating to these two appeals, CA566/2020 and CA600/2020.

Background

Ms Wootton and Phillip Wootton separated in January 2006 after some 12 years of marriage. That marriage was dissolved in June 2008. The division of their relationship property was resolved by way of a consent order made by the Family Court dated 2 July 2008.
In February 2020 Ms Wootton lodged caveats against the titles of three properties owned by the trustees of Mr Wootton’s family trust, properties acquired since the Wootton’s marriage was dissolved. In response to Mr Wootton’s opposition, Ms Wootton applied for an order to sustain those caveats.
That application was eventually set down for hearing on 5 October 2020. On 1 October 2020 Edwards J declined various interlocutory applications Ms Wootton had made in that caveat proceeding which would have had the effect, amongst other things, of deferring the then scheduled 5 October hearing.[1] The applications included one for leave to appeal to this Court if the Judge ruled against her. In her rulings declining Ms Wootton’s various applications, Edwards J also declined Ms Wootton’s application for leave to appeal those rulings to this Court.
[1]Wootton v Wootton [2020] NZHC 2584.
In CA566/2020, initially filed on 5 October 2020, Ms Wootton now applies to this Court for leave to appeal those rulings.
The 5 October hearing took place as scheduled. On 13 October 2020 Associate Judge Johnston issued his judgment dismissing Ms Wootton’s contested application to sustain the caveats.[2] As the Associate Judge put it:[3]
This means that Mr Wootton is entitled to require the removal of the caveats over the two properties owned by the trustees of his family trust, and to the immediate release of the monies held in trust by Collins & May being the proceeds of the sale of the third property.
[2]Wootton v Wootton [2020] NZHC 2684.
[3]At [19].
In CA600/2020, by notice of appeal dated 18 October 2020, Ms Wootton appeals that decision as of right to this Court. On 4 November 2020 this Court granted Ms Wootton’s application for a stay of that judgment pending disposition of her substantive appeal.[4]
[4]Wootton v Wootton [2020] NZCA 542.
These are applications by Ms Wootton to review decisions of the Deputy Registrar:
(a)In CA566/2020:
(i)accepting out of time Mr Wootton’s notice of opposition to her application for leave to appeal; and subsequently
(ii)declining to refund the filing fee of $1,100 paid by Ms Wootton on that application for leave.
(b)In CA600/2020,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Wootton v Wootton

Details

AGLC: Wootton v Wootton [2020] NZCA 654
Case: [2020] NZCA 654
Decision Date: 17 December 2020 at 10.30 am

CaseChat Overview and Summary

In the Court of Appeal of New Zealand, Margaret Ann Wootton, the appellant, filed an application to review decisions made by the Deputy Registrar in relation to two appeals against interlocutory rulings made by the Family Court. The appeals pertain to Margaret Wootton's attempt to lodge caveats against the titles of three properties owned by Phillip Garry Wootton, the respondent, following their divorce. The court was tasked with deciding whether the Deputy Registrar's acceptance of Phillip Wootton's notice of opposition out of time and the refusal to refund the filing fee, as well as the acceptance of Phillip Wootton's late notice of appearance, were appropriate.

The Court of Appeal considered the applications and found that the Deputy Registrar's decisions were reasonable and did not prejudice Margaret Wootton. The court concluded that the Deputy Registrar had discretion to accept the notice of opposition out of time and that there was no undue financial hardship to warrant a refund of the filing fee. Additionally, the court found that the extension granted to Phillip Wootton to file his notice of appearance was appropriate, given the circumstances. As a result, the applications to review the Deputy Registrar's decisions were declined.

In summary, the Court of Appeal dismissed Margaret Wootton's applications to review the Deputy Registrar's decisions, finding them to be reasonable and within the Registrar's powers. The court upheld the decisions of the Deputy Registrar in both appeals.

Orders