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Wilkinson v Wilkinson [2021] NZFC 10158

Published 30 May 2022

Application for recall — relationship property proceedings — Family Court Rules 2002, rr 197 & 220 — Horowhenua Count v Nash [1968] 2 NZLR 632 (SC) — Corbett v Legal Complaints Review Officer [2010] BCL 465 (High Court) — Ngahuia Reihana Whānau Trust v Flight, CA 23/03, 26 July 2004 — AIC v DE (No. 2) [2013] BCL 339 (HC). The respondent sought a recall of a previous decision of the Court on the parties' relationship property proceedings and clarification of orders made in that judgment. The clarification related to modest amounts of entitlements. The Judge considered case law on the matter and concluded that there was no basis to grant a recall on the basis of miscalculation of modest amounts in the entitlements. The Judge did issue one clarification in relation to sharing of costs associated with preparatory work in respect of the sale of the family home. Judgment Date: 11 October 2021.