BERRYMAN AND ANOR V SOLICITOR-GENERAL AND ORS HC WN CIV-2005-485-1795

BERRYMAN AND ANOR V SOLICITOR-GENERAL AND ORS HC WN CIV-2005-485-1795

The strike-out applications were dismissed because the pleaded material and prior findings that the Army made submissions it knew or ought to have known were wrong gave rise to arguable issues about the integrity of the inquest and whether there were irregularities warranting court examination; those issues fall within the Court's supervisory jurisdiction and are not so untenable as to justify striking out the proceedings.

Citation
openlaw-ed7fdc2c_4c65_47d9_9e8c_172449e5253f.pdf
Parties
First Plaintiff: Keith Hugh Nicholas Berryman; Second Plaintiff: Margaret Berryman; First Defendant: Her Majesty's Solicitor-General for New Zealand; Second Defendant: The New Zealand Defence Force; Third Defendant: Timothy Scott
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 May 2006
Procedural Posture
Judicial Review / Hearing on Strike Out Applications
Outcome
Strike-out applications dismissed; proceeding to continue
Legal Topics
Strike Out, Inquest, Coroners Act 1988, Abuse of Process, Procedural Fairness, Disclosure, Remedies
Administrative Law Judicial Review Coroners Law Civil Procedure Military Law Strike Out Inquest Coroners Act 1988 +4 more

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Parties

Keith Hugh Nicholas Berryman

First Plaintiff

Margaret Berryman

Second Plaintiff

Her Majesty's Solicitor-General for New Zealand

First Defendant

The New Zealand Defence Force

Second Defendant

Timothy Scott

Third Defendant

Procedural Posture

Judicial Review / Hearing on Strike Out Applications

Legal Issues

  1. 1 Whether the plaintiffs' claims disclose a reasonable cause of action or are frivolous, vexatious or an abuse of process
  2. 2 Whether the Solicitor-General properly exercised his functions under ss 38 and 40 of the Coroners Act 1988
  3. 3 Whether submissions made by the Army that it knew or ought to have known were wrong constitute an irregularity of proceedings warranting a new inquest

Ratio Decidendi

The strike-out applications were dismissed because the pleaded material and prior findings that the Army made submissions it knew or ought to have known were wrong gave rise to arguable issues about the integrity of the inquest and whether there were irregularities warranting court examination; those issues fall within the Court's supervisory jurisdiction and are not so untenable as to justify striking out the proceedings.

Court Disposition

Strike-out applications dismissed; proceeding to continue

Orders

  • Applications to strike out dismissed.
  • Proceeding listed for mention before the Associate Judge for timetabling.