Published 28 March 2019
Reserved judgment — interlocutory application for extension of time — interlocutory application to transfer proceedings — interlocutory application to stay proceedings — Property (Relationships) Act 1976, ss 12, 25, 38A, 88 & 90 — Succession (Homicide) Act 2007 — Richie v Richie (1991) 8 FRNZ `97 — Heazlewood v Heazelwood [2015] NZFC 635 — Fisher v Fisher [2015] NZHC 2693. The applicant sought an extension of time to bring a claim under the Property (Relationships) Act as it would not have been appropriate for the estate to file civil claims against the respondent at an earlier point as the respondent was facing criminal charges related to the deceased. The court found that situation was unique and that the delay was understandable, the court further found that a delay of 38 days was not a significant delay. The court found that adequate explanation had been given and that there was no evidence that the respondent would be prejudiced by leave being granted. The application for an extension of time to bring a claim under the Property (Relationships) Act was granted. An application was made to transfer the proceedings to the High Court. The court had reference to "Heazelwood" and "Fisher" as there were proceedings before the High Court involving the same parties. The applicant's position was that if the proceedings were not transferred, there would be a duplication of proceedings which would increase the burden on the parties; the respondent's position was that there was no jurisdiction to transfer, and that the Family Court was the more appropriate venue as the proceedings in question related to the division of relationship property. The court found that it was in the interests of justice, and in the public interest not to duplicate proceedings, and that transferring the proceedings to the High Court would allow for better case management, The application to transfer the proceedings to the High Court was granted. Judgment Date: 29 June 2017.
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