Martin v Ryan - [1990] 2 NZLR 209

Practice and procedure — Judgments and orders — Setting aside ex parte order made in District Court — Judicial review — Jurisdiction — Separated wife obtained ex parte order in District Court authorising Registrar to sign transfers of matrimonial property to third parties — Application for order contained misrepresentations and there was non-disclosure of material information — Wife's solicitor had not notified husband of ex parte application — Before he could obtain copies of the wife's application and supporting documents, husband applied to vary the order — District Court Judge dismissed husband's application — Husband then sought judicial review of ex parte order — Whether husband was precluded from seeking judicial review as he had not exhausted his remedies in the District Court — Whether husband had waived or acquiesced in irregularities by applying to vary order — Whether material misrepresentations in wife's application, although not fraudulent, were grounds to set aside order — Whether serious procedural impropriety was a ground for setting aside order — Whether lack of evidence placed before District Court Judge made decision "irrational or unreasonable" — Whether order could be set aside retrospectively despite the interests of third parties — Whether the order should be set aside ab initio — District Courts Rules 1948, r 75(8) — Inferior Courts Procedure Act 1909, s 3 — Judicature Amendment Act 1972, s 4.