D v RMC [2021] NZHC 1633

D v RMC [2021] NZHC 1633

The proceeding is a duplicative parallel action to an existing judicial review and, on its face, is an abuse of process and vexatious; the appropriate and proportionate remedy is to stay the proceeding until the related judicial review is finally determined, to withhold documents for service while stayed, and to...

Source-derived case information.

Citation
[2021] NZHC 1633
Parties
Plaintiff: D; Defendant: RMC
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 July 2021
Procedural Posture
Civil (tort Claim; Parallel to Judicial Review) / Registrar Referral; Pre Service Judicial Review Under High Court Rules R5.35 A/5.35 B; Application for Summary Judgment and Stay
Outcome
Proceeding stayed until further order; documents for service to be retained by the court and not served; no application to lift the stay until further order; copy of decision to be served on RMC
Legal Topics
Abuse of Process, Stay and Strike Out, Registrar Referral Pre Service, Duty of Candour, Care of Children Act S7 Appointments
Civil Procedure Family Law Administrative Law Tort Abuse of Process Stay and Strike Out Registrar Referral Pre Service Duty of Candour +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

D

Plaintiff

RMC

Defendant

Procedural Posture

Civil (tort Claim; Parallel to Judicial Review) / Registrar Referral; Pre Service Judicial Review Under High Court Rules R5.35 A/5.35 B; Application for Summary Judgment and Stay

Legal Issues

  1. 1 Whether the proceeding is plainly an abuse of process and/or vexatious
  2. 2 Whether the proceeding duplicates an existing judicial review and should be stayed or struck out
  3. 3 Whether documents for service should be withheld pending resolution of the related judicial review

Ratio Decidendi

The proceeding is a duplicative parallel action to an existing judicial review and, on its face, is an abuse of process and vexatious; the appropriate and proportionate remedy is to stay the proceeding until the related judicial review is finally determined, to withhold documents for service while stayed, and to prohibit applications to lift the stay until further order.

Court Disposition

Proceeding stayed until further order; documents for service to be retained by the court and not served; no application to lift the stay until further order; copy of decision to be served on RMC

Orders

  • This proceeding is stayed until further order
  • Documents for service are to be kept by the court and not served until the stay is lifted