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Kacie Myrtle v Cameron Studwick [2016] NZFC 5782

Published 01 December 2016

Application for leave — out of time application — Property (Relationships) Act 1976, ss 21A, 21J and 24. Leave was given for an application, to set aside a separation agreement, to be filed out of time pursuant to s 24 of the Act. Leave was sought for an application under s 21J for the Court to set aside a separation agreement that had been made under s 21A. The statutory time limit to file proceedings had expired five and a half years before these proceeding were filed. The weight to which the length of the time delay will be given Judge determined that there was prima facie evidence of a very marked difference of the property each received under the agreement. There was potential for the serious injustice threshold of s 21J to be met, and this justified the granting of leave. Judgment Date: 2 August 2016. * * * Note: names have been changed to comply with legal requirements. * * *