Published 01 November 2017
Application to recall or rescind judgment — lack of jurisdiction — Family Court Rules 2002, r 344. The respondent applied for a recall of a judgment on four grounds: that there was no jurisdiction to make the order; that the court was misled; that the respondent was unable to make the payments; and issues relating to the applicant's budget. The court noted that Rule 334 was silent regarding a without notice application as there was no hearing and found that it as not required to have an affidavit of assets and liabilities. The court further found that the affidavit filed by the applicant was not deliberately misleading. The court declined to recall the judgment and rescind or vary an order for interim spousal maintenance. Judgment Date: 15 March 2017. * * * Note: Names have been changed to comply with legal requirements * * *
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