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Jones v Borrin - [1990] 2 NZLR 604

$30.00

High Court Wellington
21 March 1990
Fisher J
Practice and procedure — Judgments and orders — Consent order — Exercise of discretion to set aside sealed consent order made in matrimonial property proceedings — Family Court made an order by consent which included a provision that wife's share in the matrimonial property be transferred to a trust administered by others — Whether trust settlement should be set aside — Whether consent order should be set aside — Judicature Amendment Act 1972, s 4. — On an application by the wife for a review of that order, the High Court held that it had jurisdiction to set aside the consent order, but deferred exercising its discretion until it knew the effect setting aside the consent order would have on property which had already been settled upon the existing trust (see [1989] 3 NZLR 227)

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