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Alyxe John Wood-Luxford v Mark John Wood - SC 62/2012

Media releases

Summary

Civil Appeal – Family Protection Act, ss 2(1) and 3 – Definition of “stepchild” – Whether the Court of Appeal erred in finding that the applicant was not eligible to bring a claim under the Act – Whether word “living”, as used in the Act, can include a child in utero at the date of the qualifying event.[2012]NZCA 377  CA  739/2011

Result

Leave to appeal is granted.The question to be addressed on the appeal is whether the applicant is a person entitled to claim under the Family Protection Act 1955 against the estate of John Luxford, either as a child of the deceased or a step-child of the deceased within the meaning of the Family Protection Act 1955.
5 December 2012
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A The appeal is dismissed.
B The reasonable solicitor and client costs for all parties are to be met by the estate of the late John Williamson Luxford.
19 December 2013

Hearing Transcripts

Related Documents

Court of Appeal decision — WOOD-LUXFORD v MARK JOHN WOOD COA CA739/2011 [21 August 2012]

Leave judgment - leave granted — WOOD-LUXFORD v WOOD SC 62/2012 [5 December 2012] (PDF 8 KB)

Additional document — Transcript hearing date 7 March 2013 (PDF 219 KB)

Substantive judgment — ALYXE JOHN WOOD-LUXFORD v MARK JOHN WOOD [2013] NZSC 153 [19 December 2013] (PDF 236 KB)