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NP v DP [2022] NZFC 3662

Published 19 September 2022

Activating "unless order" — discovery — Protection of Personal and Property Rights Act 1988, s 103 — NP v DP [2021] NZFC 7942 — Treneary v Treneary [2009] NZFLR 208 (FC) — Cutting v Liu [2014] NZHC 1063, [2014] 3 NZLR 224. The proceedings before the Court were in relation to actions of the first interested party, who had been exercising the enduring power of attorney powers (EPOA) granted to him by the subject person, who was the applicant's and interested parties' elderly aunt. At a previous hearing the Court had issued an "unless order", which would debar the interested party from participating in the proceedings if he continued to default on the discovery orders made. The Judge considered the evidence and noted that the will of the subject person had not been disclosed. As such, the first interested party was in continued default of the discovery orders. The Judge activated the "unless order", debarring the first interested party in participating in the proceedings other than responding to summons to appear for cross-examination. Judgment Date: 28 April 2022. * * * Note: names have been changed to comply with legal requirements. * * *