W v N CA132/06 [2006] NZCA 423 (30 June 2006)

Last Updated: 26 January 2014

IN THE COURT OF APPEAL OF NEW ZEALAND

_CA132/06

BETWEEN W Appellant

AND N Respondent

Hearing: 30 June 2006

Court: Hammond, O'Regan and Arnold JJ Counsel: C R Pidgeon QC for Appellant

L C Harrison for Respondent

P J O'Donnell for Child

Judgment: 30 June 2006

_{JUDGMENT OF THE COURT}

_{A stay of execution of the order for removal is granted, on terms.}

REASONS OF THE COURT

(Given by Hammond J)

[1] We have before us an urgent application for a stay of execution in a Hague

Convention matter.

[2] We have heard counsel by telephone this afternoon. We are much obliged to them for their urgent attendance on this matter.

[3] The application arises in a context in which the High Court has upheld a judgment in the Family Court that C, aged some 10½ years, be returned to England.

W V N CA CA132/06 30 June 2006

[4] Leave has been sought to appeal the High Court judgment to this Court.

[5] Time can be made available to hear both the leave application and the merit appeal on 7 August 2006.

[6] Mrs Harrison has helpfully been able to indicate that there is no objection to a stay.

[7] Accordingly:

(1) We order a stay of execution of the order for removal made in the

Family Court on 13 March 2006, until the further order of this Court.

(2) The application for leave and the merit appeal are to be set down for hearing on 7 August 2006.

(3) The case on appeal and the appellant’s submissions are to be filed and served by 21 July 2006.

(4) The respondent’s submissions are to be filed by 28 July, along with any further report or submissions by counsel for the child.

(5) Mr O’Donnell is re-appointed as counsel for the child for the purpose of this appeal.

[8] For the benefit of the Registrar, we enquired of counsel as to how long this matter might take. The estimate seems to be perhaps slightly over half a day.

Solicitors:

McNulty van Bohemen, Christchurch for Appellant

Linwood Law, Christchurch for Respondent

Peter O’Donnell, Christchurch for Child