Miller v Miller - [1974] 2 NZLR 579

Husband and wife — Disposition of property — Magistrate's Court order giving wife right to occupy matrimonial home until further order — Husband seeking order for possession in Supreme Court — Jurisdiction to make order notwithstanding order of Magistrate's Court — Matrimonial Property Act 1963, s 5.

Courts — Jurisdiction — Concurrent jurisdiction under Matrimonial Property Act 1963 — Supreme Court has jurisdiction notwithstanding order made by Magistrate's Court but once Supreme Court has made an order the Magistrate's Court has no jurisdiction — Matrimonial Property Act 1963, s 5.