Richard Frederick Eilenberg v Linda Alejandra Garcia Lourdes-Gutierrez - SC 78/2017

Summary

Civil Appeal – Whether the Court of Appeal erred in upholding a High Court decision to enforce a foreign judgment for child and spousal maintenance

Result

A The application for leave to appeal (Eilenberg v Lourdes Gutierrez [2017] NZCA 270) is granted in part.
B The approved questions are:
(a) Does pt 8 of the Family Proceedings Act 1980 implicitly exclude the inherent jurisdiction of the High Court to enforce a judgment from Mexico?
(b) Would enforcement of the Mexican judgment be contrary to public policy?
C The application for leave to appeal is otherwise dismissed.
26 September 2017 
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A Notice of Abandonment having been filed the appeal is deemed to be dismissed.
22 October 2019

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