Darrel Croft v Raya Bakalov  NZFC 1041
Published 31 July 2016
Strike out proceedings — Family Courts Rules 2002, r 193 — Property (Relationships) Act 1976 — costs. An application was granted under r 193 of the Family Courts Rules to strike out proceedings under the Act. Costs were awarded to the applicant and a third party company which the respondent had attempted to join to the relationship property proceedings.
In determining whether strike out was appropriate, the Court acknowledged from case law that it has been described as a draconian step not to be taken unless clearly appropriate on the evidence. The requisite high threshold was met, with the Judge stating that “to allow Ms Bakalov’s application to proceed any further would be an expensive exercise in futility.” Material put before the Court by that party was error ridden and at times the claims were “completely misguided and doomed to fail”.
Costs were awarded to the applicant on a 2B basis, and to the third party company on a Solicitor/Client basis. **Note: names have been changed to comply with legal requirements.