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Masters v Masters [2022] NZFC 4043

Published 18 August 2023

Reserved judgment — transfer of proceedings to High Court — hearing of evidence — cross-examination — Trusts Act 2019, s 141 — Companies Act 1993 — Property (Relationships) Act 1976, ss 1M & 38A — Family Proceedings Act 1980, s 182 — Family Court Act 1980, s 14 — Booth v Booth [2020] NZCA 451. The parties were engaged in proceedings under the Trusts and Companies Acts. After a witness gave expert evidence on financial matters, the applicant asked that the matter be transferred to the High Court so that two trusts could be wound up, their trustees removed and a receiver appointed. The Court observed that the Trusts Act provided that only the High Court had the jurisdiction to appoint a receiver, and that the Family Court had no jurisdiction to make orders under the Companies Act. The respondent opposed transfer, submitting that the applicant had insisted on the matter being heard in the Family Court so she could not now ask that it be heard in the High Court instead. However the Court considered that given the newly-heard financial evidence it was understandable that the applicant now wanted the matter transferred. Given that the Family Court lacked the powers to fully resolve the matter, the Court ordered that the matter be transferred to the High Court. Costs were reserved. Judgment Date: 12 May 2022.