Published 06 July 2021
Application to discharge orders — protection order — occupation order — ancillary furnuture order — strike-out application — abuse of process — family violence — indemnity costs — Higgins v Higgins [2019] NZFC 1716 — Family Violence Act 2018, ss 3, 4, 86, 87, 109 & 110 — Family Court Rules 2002, r 193 — District Court Rules 2014, r 14.6(4)(b). This hearing was to determine an application by the mother to discharge a final protection order, occupation order and ancillary furniture order made in favour of the father and the parties' adult child. The father sought to strike out the application pursuant to r 193(a) or (c) in that it either disclosed no reasonable basis or was otherwise an abuse of process. The Judge considered the principles and relevant sections in the Family Violence Act (FVA) and concluded that the mother's application for discharge of the orders amounted to an abuse of process in that it attempted to relitigate matters already concluded. This application itself was abusive within the construct of the FVA as it would require the father and daughter to be cross-examined again. The application was struck out. Judgment Date: 12 November 2020. * * * Note: names have been changed to comply with legal requirements. * * *
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