Application for recall — dissolution of marriage — grounds for recall — jurisdiction — validity of marriage — defective pleadings — Family Proceedings Act 1980, ss 27 & 28 — Family Court Rules 2002, rr 17 & 197 — Horowhenua County v Nash (no 2) (1968) NZLR 632. The applicant applied for a recall of the order dissolving the parties' marriage, claiming the respondent had given false and misleading information when applying on a without notice basis for a dissolution. The Judge noted that the application was made under s 27 of the Family Proceedings Act ("the Act") which stipulates that any person may seek a declaration, according to the law of New Zealand, as to the validity of any marriage. This provision did not give jurisdiction to recall an order of the Court – this power was available under r 197 of the Family Court Rules ("the Rules") but only before it had been drawn up and sealed. The dissolution order had been sealed some two years prior to the recall application. For these reasons the Judge noted that the originating application in the proceedings was defective. The Judge rejected the submission that the s 27 application could be treated as an interlocutory application to the original recall application. Instead, the s 27 application was a stand-alone application, but quite different to the original application. Given the time and cost already spent with the defective pleadings, the Judge declined to "start all over", but struck out the application for recall. The parties were given time to file further documents in relation to the s 27 application: the applicant was to specify the cause of action and facts relied on and the respondent to file any further response to those documents and a pre-hearing conference was set down. Costs of $1550 were awarded to the respondent for unnecessary legal costs associated with the hearing. Judgment Date: 23 November 2020. * * * Note: names have been changed to comply with legal requirements. * * *