Abraham v Abraham - [1997] 3 NZLR 368

Practice and procedure — Costs — Invocation of Hague Convention on Civil Aspects of International Child Abduction — Whether Family Court has jurisdiction to award costs to party unsuccessfully invoking convention — Whether award of costs prohibited by s 27 of Guardianship Amendment Act 1991 — Effect of s 27 of Guardianship Amendment Act 1991 on ss 27B and 30(7) of the Guardianship Act 1968 — Meaning of “costs and expenses” in s 27 of Guardianship Amendment Act 1991 — Guardianship Amendment Act 1991, s 27 — Guardianship Act 1968, ss 27B and 30(7) — Acts Interpretation Act 1924, s 5(c).

Family and domestic relationships — Infants and children — Parent and child — Invocation of Hague Convention on Civil Aspects of International Child Abduction — Costs — Whether Family Court has jurisdiction to award costs to party unsuccessfully invoking convention — Whether award of costs prohibited by s 27 of Guardianship Amendment Act 1991 — Effect of s 27 of Guardianship Amendment Act 1991 on ss 27B and 30(7) of Guardianship Act 1968 — Guardianship Amendment Act 1991, s 27 — Guardianship Act 1968, ss 27B and 30(7) — Acts Interpretation Act 1924, s 5(c).

Statutes — Interpretation — Effect of amending Act — Whether s 27 of Guardianship Amendment Act 1991 prevents exercise of discretion to award costs under ss 27B and 30(7) of Guardianship Act 1968 — Guardianship Amendment Act 1991, s 27 — Guardianship Act 1968, ss 27B and 30(7) — Acts Interpretation Act 1924, s 5(c).