GREER v CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2019] NZHC 65

GREER v CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2019] NZHC 65

The application to recall the earlier judgment and to join the Ombudsman's Office is refused because none of the established grounds for recall are made out, broader discovery is not justified in judicial review, and the proposed joinder is irrelevant to the core legal issues; furthermore the applicant's repeated intemperate language amounts to an abuse of process warranting dismissal of the joinder and refusal of the other relief, while permitting a focused opportunity to file an amended statement of claim within a fixed period.

Citation
[2019] NZHC 65
Parties
Applicant: Alan Ivo Greer; First Respondent: Chief Executive, Department of Corrections; Second Respondent: Prison Manager at Rimutaka; Third Respondent: National Commissioner, Department of Corrections
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 February 2019
Procedural Posture
Judicial Review / Interlocutory (application to Recall Judgment, for Joinder and for Further Directions)
Outcome
Application refused in part and dismissed in part: recall and joinder refused; other residual directions dismissed; applicant given leave to file a focused amended statement of claim within a time limit and warned about abusive language.
Legal Topics
Recall of Judgment, Discovery, Joinder, Abuse of Process, Procedural Directions
Administrative Law Judicial Review Prisoners' Rights Ombudsmen Law Civil Procedure Recall of Judgment Discovery Joinder +2 more

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Parties

Alan Ivo Greer

Applicant

Chief Executive, Department of Corrections

First Respondent

Prison Manager at Rimutaka

Second Respondent

National Commissioner, Department of Corrections

Third Respondent

Procedural Posture

Judicial Review / Interlocutory (application to Recall Judgment, for Joinder and for Further Directions)

Legal Issues

  1. 1 Whether the earlier judgment should be recalled
  2. 2 Whether broader discovery orders should be made
  3. 3 Whether the Ombudsman's Office should be joined as a respondent

Ratio Decidendi

The application to recall the earlier judgment and to join the Ombudsman's Office is refused because none of the established grounds for recall are made out, broader discovery is not justified in judicial review, and the proposed joinder is irrelevant to the core legal issues; furthermore the applicant's repeated intemperate language amounts to an abuse of process warranting dismissal of the joinder and refusal of the other relief, while permitting a focused opportunity to file an amended statement of claim within a fixed period.

Court Disposition

Application refused in part and dismissed in part: recall and joinder refused; other residual directions dismissed; applicant given leave to file a focused amended statement of claim within a time limit and warned about abusive language.

Orders

  • Application to join the Ombudsman's Office dismissed
  • Request to recall the Court's earlier judgment refused