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Ryan v Ryan [2021] NZFC 8277

Published 02 February 2023

Application for rehearing — prejudice — delay in lodging application — non-appearance at proceedings — length of marriage — miscarriage of justice — "short duration" — Property (Relationships) Act 1976, ss 2D & 21H — Limitation Act 2010, s 11 — Family Court Rules 2002, rr 56 & 210. The applicant sought to set aside a Family Court decision from 2013, and for the matter to be re-heard. She said that she had been unable to attend the original hearing and that her counsel had not represented her properly, and as a result she had suffered unfair prejudice. The parties had previously been married, and the 2013 decision concerned the division of the relationship property. The decision had been made on the basis that the marriage was of some 13 months' duration. In her rehearing application, the applicant submitted that in fact the marriage had lasted more than three years before finally dissolving, but she had been unable to present this argument in 2013 due to the shortcomings of her then-counsel. Therefore the 2013 decision awarding the family home to the respondent and finding that certain debts were the applicant's sole responsibility had been a miscarriage of justice. The Court found that the applicant had no explanation for why it had taken her some seven years to challenge the 2013 decision. To grant the application would cause major prejudice to the respondent, who had relied on the 2013 decision as he was entitled to do. The applicant had produced no new evidence that the marriage had been longer than 13 months. There had been no miscarriage of justice, and the application was dismissed. Judgment Date: 24 August 2021 * * * Note: names have been changed to comply with legal requirements. * * *