DFT v PK [2023] NZHC 2607

DFT v PK [2023] NZHC 2607

The proceeding was struck out as a plain abuse of process because there is no statutory basis to appeal an LCRO decision to the High Court, the only appeal provision in the Lawyers and Conveyancers Act (s 253) applies to Disciplinary Tribunal decisions, the named respondents were incorrect, and the filing was made in the wrong registry.

Citation
[2023] NZHC 2607
Parties
Appellant: DFT; First Respondent: PK; Second Respondent: RM; Third Respondent: New Zealand Law Society
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 September 2023
Procedural Posture
Appeal / Referral Under High Court Rules 2016 R 5.35 a (registrar Referral on Grounds of Abuse)
Outcome
struck out
Legal Topics
Abuse of Process, Appeal Jurisdiction, Registrar Referral, Venue, Disciplinary Appeals
Civil Procedure Administrative Law Legal Profession Discipline Regulatory Law Abuse of Process Appeal Jurisdiction Registrar Referral Venue +1 more

Case Brief

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Parties

DFT

Appellant

PK

First Respondent

RM

Second Respondent

New Zealand Law Society

Third Respondent

Procedural Posture

Appeal / Referral Under High Court Rules 2016 R 5.35 a (registrar Referral on Grounds of Abuse)

Legal Issues

  1. 1 Whether the proceeding is plainly an abuse of the process of the court
  2. 2 Whether there is statutory jurisdiction to appeal a Legal Complaints Review Officer decision to the High Court
  3. 3 Whether the named respondents are proper parties to any appeal

Ratio Decidendi

The proceeding was struck out as a plain abuse of process because there is no statutory basis to appeal an LCRO decision to the High Court, the only appeal provision in the Lawyers and Conveyancers Act (s 253) applies to Disciplinary Tribunal decisions, the named respondents were incorrect, and the filing was made in the wrong registry.

Court Disposition

struck out

Orders

  • Proceeding struck out as an abuse of process
  • Appellant advised of right to appeal pursuant to High Court Rules 2016 r 5.35B(3)