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Jones v Borrin - [1989] 3 NZLR 227

$30.00

High Court Wellington
12, 13, 14 April; 14 August 1989
Fisher J
Practice and procedure — Judgments and orders — Consent order — Jurisdiction to set aside sealed consent order made in matrimonial property proceedings — Wife's matrimonial property claim was settled after negotiations between counsel — Draft order submitted to Family Court included a provision that wife's share in the matrimonial property be transferred to a trust administered by others — Family Court made the order sought — Wife applied for review of order — Whether District Court Judge had jurisdiction to make order including provision for trust — Whether sealed consent order could be set aside on ground of mistake by the parties — Whether order could be set aside under s 21(8) of Matrimonial Property Act — Whether order should be set aside — Judicature Amendment Act 1972, s 4 - Matrimonial Property Act 1976, s 21 - Inferior Courts Procedure Act 1909, ss 3 and 4.

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