MURRAY V GISBORNE DISTRICT COUNCIL & OTHER HC GIS CIV 2011-416-000223

MURRAY V GISBORNE DISTRICT COUNCIL & OTHER HC GIS CIV 2011-416-000223

The statement of claim disclosed no reasonably arguable cause of action and could not be amended because the Chief Executive did not exercise a statutory or public power in defending Tribunal proceedings; therefore judicial review was not available and the claim was struck out.

Citation
openlaw-cf4e4792_d4f0_41ad_b6a6_c20b7b7bfb44.pdf
Parties
Plaintiff: J C Murray; First Defendant: Gisborne District Council; Second Defendant: Privacy Commissioner
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 March 2012
Procedural Posture
Judicial Review / Strike Out Application / Mention Hearing
Outcome
Statement of claim struck out for disclosing no reasonably arguable cause of action
Legal Topics
Strike Out, Abuse of Process, Statutory Power, Jurisdiction, Costs Orders, Security for Costs
Judicial Review Administrative Law Privacy Law Human Rights Civil Procedure Strike Out Abuse of Process Statutory Power +3 more

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Parties

J C Murray

Plaintiff

Gisborne District Council

First Defendant

Privacy Commissioner

Second Defendant

Procedural Posture

Judicial Review / Strike Out Application / Mention Hearing

Legal Issues

  1. 1 Whether the Chief Executive's conduct in defending the Tribunal proceedings constituted a decision subject to judicial review
  2. 2 Whether the statement of claim disclosed a reasonably arguable cause of action
  3. 3 Whether the proceedings were an abuse of process or an attempt to re-litigate matters already determined

Ratio Decidendi

The statement of claim disclosed no reasonably arguable cause of action and could not be amended because the Chief Executive did not exercise a statutory or public power in defending Tribunal proceedings; therefore judicial review was not available and the claim was struck out.

Court Disposition

Statement of claim struck out for disclosing no reasonably arguable cause of action

Orders

  • Statement of claim struck out
  • Costs awarded to Gisborne District Council as approved by the Registrar