NOTTINGHAM & MCKINNEY v REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL & HONEY [2017] NZHC 3018

NOTTINGHAM & MCKINNEY v REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL & HONEY [2017] NZHC 3018

Rules 5.35A–C apply to appeals; the notice of appeal and accompanying documents were plainly an abuse of process because they were prolix, irrelevant, vexatious and included scandalous personal attacks that made it manifestly unfair to require respondents to respond; accordingly the Judge struck out the proceeding under r 5.35B(2)(a).

Citation
[2017] NZHC 3018
Parties
Appellant & Whistle Blower: Dermot Gregory Nottingham; Appellant & Whistle Blower: Philip Raymond Nottingham; Appellant & Whistle Blower: Robert Earle McKinney; First Respondent: Real Estate Agents Disciplinary Tribunal; Second Respondent: Martin Honey
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 December 2017
Procedural Posture
Appeal / Pre Service Abuse of Process Determination Under High Court Rules R 5.35 A–c
Outcome
proceeding struck out under High Court Rules r 5.35B(2)(a) as a plain abuse of process
Legal Topics
Abuse of Process, Striking Out, Admission of Fresh Evidence, Service of Proceedings, High Court Rules Interpretation
Civil Procedure Administrative Law Professional Disciplinary Proceedings Appeals Abuse of Process Striking Out Admission of Fresh Evidence Service of Proceedings +1 more

Case Brief

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Parties

Dermot Gregory Nottingham

Appellant & Whistle Blower

Philip Raymond Nottingham

Appellant & Whistle Blower

Robert Earle McKinney

Appellant & Whistle Blower

Real Estate Agents Disciplinary Tribunal

First Respondent

Martin Honey

Second Respondent

Procedural Posture

Appeal / Pre Service Abuse of Process Determination Under High Court Rules R 5.35 A–c

Legal Issues

  1. 1 Whether High Court Rules r 5.35A–C apply to appeals
  2. 2 Whether the notice of appeal and accompanying documents are plainly an abuse of process
  3. 3 Whether the Tribunal erred in refusing to admit a sworn affidavit as fresh evidence

Ratio Decidendi

Rules 5.35A–C apply to appeals; the notice of appeal and accompanying documents were plainly an abuse of process because they were prolix, irrelevant, vexatious and included scandalous personal attacks that made it manifestly unfair to require respondents to respond; accordingly the Judge struck out the proceeding under r 5.35B(2)(a).

Court Disposition

proceeding struck out under High Court Rules r 5.35B(2)(a) as a plain abuse of process

Orders

  • Proceeding struck out pursuant to r 5.35B(2)(a)
  • A copy of this decision is to be served on the respondents as soon as practicable pursuant to r 5.35B(4)