Kruger v Winkel [2020] NZFC 8223

Published 25 March 2021

Interlocutory application — leave to appeal to High Court — report writer — grounds of appeal — recusal — Care of Children Act 2004, ss 133 & 143. This was an interlocutory application for leave to appeal to the High Court against a minute relating to the care arrangements for the parties' child. The five grounds on which the applicant sought to appeal were: that the Family Court had erred in four findings in relation to expert evidence, arranging a meeting with the psychologist, the professionalism of the court-ordered report writer, and costs; and that the Family Court judgment undermined the judgment and findings of the Court of Appeal. Section 143 of the Care of Children Act permits a party to seek leave to appeal an interlocutory or interim order of the Family Court to the High Court. With regards to all of the grounds upon which the applicant sought to appeal, the Judge noted that there were no fresh directions or decisions but simply a reactivation of previous directions. Accordingly there were no decisions to appeal. Judgment Date: 30 September 2020. * * * Note: names have been changed to comply with legal requirements. * * *