MW v GC [2016] NZFC 2235

Published 31 July 2016

Family Courts Act 1980, s 14 — transfer of proceedings to High Court — Protection of Personal and Property Rights Act 1988, ss 31, 105 — revocation of enduring power of attorney. The proceedings related to a dispute between the applicant and her brothers and sister in regards to their father who has Alzheimer’s disease. The proceedings originated with the applicant seeking the appointment of a manager under s 31 and the revocation of one of the brother’s enduring power of attorney, but issues became more complex with the applicant claiming for discovery possibly for the purposes of pursuing an equitable claim for undue influence or unjust enrichment. The Judge granted the application for transfer to the High Court pursuant to s 14 because it was clear from the complexity of the issues raised and the polarity of views expressed, that any decision the Judge made in the Family Court as to discovery would be appealed. This would inevitably cause further delay to resolution of the matters, which the Judge noted was in conflict with the Family Court’s role in dealing with matters “as expediently as is possible in all the circumstances. That is a touchstone and foundation of the jurisdictions in this particular Court.” **Note: names have been changed to comply with legal requirements.