O’NEILL v HIPKINS [2023] NZHC 2594

O’NEILL v HIPKINS [2023] NZHC 2594

The proceeding was a collateral attack on prior final appellate decisions and lacked particularisation of any reviewable decision by the named respondents, and therefore on the clear face of the record amounted to an abuse of process properly struck out under High Court Rules r 5.35B.

Citation
[2023] NZHC 2594
Parties
Applicant: Christopher Joseph O'Neill; First Respondent: Christopher John Hipkins; Second Respondent: David William Parker
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 September 2023
Procedural Posture
Judicial Review / Duty Judge Consideration Under R 5.35 B; Proceedings Struck Out Before Service
Outcome
Proceedings struck out as an abuse of process
Legal Topics
Abuse of Process, Strike Out, Access to Justice, Judicial Conduct, High Court Rules R 5.35 A/b
Administrative Law Civil Procedure Judicial Review Constitutional Law Abuse of Process Strike Out Access to Justice Judicial Conduct +1 more

Case Brief

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Parties

Christopher Joseph O'Neill

Applicant

Christopher John Hipkins

First Respondent

David William Parker

Second Respondent

Procedural Posture

Judicial Review / Duty Judge Consideration Under R 5.35 B; Proceedings Struck Out Before Service

Legal Issues

  1. 1 Whether the filed proceeding is plainly an abuse of the court's process
  2. 2 Whether the proceeding amounts to a collateral attack on appellate judgments and is therefore non-justiciable
  3. 3 Whether the pleadings particularise any reviewable decision of the respondents

Ratio Decidendi

The proceeding was a collateral attack on prior final appellate decisions and lacked particularisation of any reviewable decision by the named respondents, and therefore on the clear face of the record amounted to an abuse of process properly struck out under High Court Rules r 5.35B.

Court Disposition

Proceedings struck out as an abuse of process

Orders

  • Proceedings struck out under r 5.35B as an abuse of process
  • Interlocutory application without notice rendered moot by Registry acceptance for filing