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Moon v Moon [2021] NZFC 4666

Published 05 July 2022

Interlocutory application — discovery — discharge or rescind judgment — application to strikeout pleadings — costs — res judicata — Property (Relationships) Act 1976. This hearing was held to determine seven interlocutory applications filed by the parties, who had been engaged in relationship property proceedings. The Judge found that the order for particular discovery directed by an earlier judge was free of prejudice and dismissed this application. The applicant also applied to have the reserved judgment discharged on the basis that the Court issued its judgment before the expiration of his extension for filing submissions. The applicant was found to have never filed further submissions that demonstrated any prejudice to him, and the Court held that the matter could not be re-litigated. Applications to vary an earlier minute and common bundle, and an application for costs were similarly dismissed on the basis that there was no prejudice demonstrated as a result of the alleged issue. The respondent's application to strike out proceedings was granted, and she was granted leave to apply to the Court for a finding that the applicant was a vexatious litigant. Any further applications by the applicant would need to be granted leave. Judgment Date: 20 May 2021 * * * Note: names have been changed to comply with legal requirements. * * *