A High Court judge has criticised what he says is an undisciplined approach to court cases where all sides have legal aid.
Justice Hugh Williams made his comments in a case where a man is claiming he suffered "battered person syndrome" at the hands of his psychologically abusive wife.
Publication
of any information likely to identify the couple or their children was banned under the reporting rules of the Family Courts Act.
After outlining the history of the case in the Family Court and on appeal to the High Court at Auckland, Justice Williams said the case had gone "severely awry" because of the way the husband and his advisers had approached it.
"All parties to this appeal are legally aided. This appeal is therefore a good example of the lack of discipline in the management of litigation which follows grants of legal aid to all concerned," he said.
The wife had obtained a protection order in the Auckland Family Court for herself and the couple's two children.
She claimed she had been assaulted, something the husband denied.
Her husband then appealed and sought leave in the High Court to call evidence from his doctor.
The doctor said that in 2008 the man, who had complained about the way he was treated by his wife, had been showing signs of battered person syndrome.
He the doctor said the syndrome was the result of "exposure to ongoing manipulative psychological abuse perpetrated" by the man's wife.
The doctor's affidavit also spoke of hospitalisation and referral to psychologists as a result of the suggested abuse.
Granting leave for the new evidence to be called, Justice Williams said the doctor's statement could have had a significant effect on the Family Court's credibility findings.
The wife was also given further time to call rebuttal evidence.
The judge said the doctor's evidence was plainly available before the Family Court hearing, and the doctor could have been subpoenaed to give evidence.
He said there was no basis for the Legal Services Agency to meet the cost of both the husband's lawyers.
- NZPA
