C J OʼNEILL v ATTORNEY-GENERAL [2017] NZHC 1491

C J OʼNEILL v ATTORNEY-GENERAL [2017] NZHC 1491

The warrants and oral sentencing order rendered the plaintiff's detention lawful; any omission in the second warrant to state cumulative operation did not invalidate detention or render it unlawful, the pleadings fail to disclose any reasonably arguable cause of action against the Department of Corrections or Serco,...

Source-derived case information.

Citation
[2017] NZHC 1491
Parties
Plaintiff: Christopher Joseph O'Neill; First Defendant: Attorney-General; Second Defendant: Department of Corrections; Third Defendant: Serco New Zealand Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 June 2017
Procedural Posture
Civil Proceeding for Alleged False Imprisonment and Associated Claims (initially Brought as Judicial Review) / Pre Trial Strike Out Application
Outcome
All causes of action against the Department of Corrections (second defendant) and Serco New Zealand Limited (third defendant) are struck out; accordingly the proceeding against the Attorney‑General (first defendant) is also struck out.
Legal Topics
False Imprisonment, Warrant of Commitment, Parole Eligibility and Statutory Release, Strike Out for Abuse/frivolous Claims, Correctional Records, Remedies for Record Correction
Civil Torts Administrative Law Criminal Procedure Prison Law Parole Law False Imprisonment Warrant of Commitment Parole Eligibility and Statutory Release +3 more

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Parties

Christopher Joseph O'Neill

Plaintiff

Attorney-General

First Defendant

Department of Corrections

Second Defendant

Serco New Zealand Limited

Third Defendant

Procedural Posture

Civil Proceeding for Alleged False Imprisonment and Associated Claims (initially Brought as Judicial Review) / Pre Trial Strike Out Application

Legal Issues

  1. 1 Whether plaintiff was unlawfully detained / falsely imprisoned
  2. 2 Whether warrants of commitment were invalid or forged
  3. 3 Whether pleadings disclose a reasonably arguable cause of action against Department of Corrections or Serco

Ratio Decidendi

The warrants and oral sentencing order rendered the plaintiff's detention lawful; any omission in the second warrant to state cumulative operation did not invalidate detention or render it unlawful, the pleadings fail to disclose any reasonably arguable cause of action against the Department of Corrections or Serco, and the claims are struck out as frivolous, unparticularised or an abuse of process (with the proceeding against the Attorney‑General also struck out).

Court Disposition

All causes of action against the Department of Corrections (second defendant) and Serco New Zealand Limited (third defendant) are struck out; accordingly the proceeding against the Attorney‑General (first defendant) is also struck out.

Orders

  • Statement of claim against Department of Corrections and Serco New Zealand Limited struck out in its entirety
  • Proceeding against the Attorney-General struck out