RABSON v REGISTRAR OF THE SUPREME COURT [2015] NZHC 403

RABSON v REGISTRAR OF THE SUPREME COURT [2015] NZHC 403

The High Court lacks jurisdiction to entertain judicial review of the Registrar's recording of Supreme Court decisions because the Registrar acts under the supervision of the Supreme Court and any review lies to that superior court; accordingly the plaintiff's claim discloses no reasonable cause of action and must be struck out.

Citation
[2015] NZHC 403
Parties
Plaintiff: Malcolm Edward Rabson; First Defendant: Registrar of the Supreme Court; Second Defendant: Ministry of Justice; Third Defendant: The Attorney-General
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 March 2015
Procedural Posture
Judicial Review / Strike Out Application (judgment)
Outcome
Claim struck out
Legal Topics
Recall of Judgment, Public Records Act, Jurisdiction of Courts, Open Justice, Strike Out, Abuse of Process
Administrative Law Judicial Review Public Law Civil Procedure Recall of Judgment Public Records Act Jurisdiction of Courts Open Justice +2 more

Case Brief

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Parties

Malcolm Edward Rabson

Plaintiff

Registrar of the Supreme Court

First Defendant

Ministry of Justice

Second Defendant

The Attorney-General

Third Defendant

Procedural Posture

Judicial Review / Strike Out Application (judgment)

Legal Issues

  1. 1 Whether the High Court has jurisdiction to review the Registrar of the Supreme Court's recording of Supreme Court decisions
  2. 2 Whether the Registrar breached obligations under the Public Records Act 2005 or common law by not publicly recording the recall refusal
  3. 3 Whether an email dismissal of a recall application satisfies publication/recording requirements

Ratio Decidendi

The High Court lacks jurisdiction to entertain judicial review of the Registrar's recording of Supreme Court decisions because the Registrar acts under the supervision of the Supreme Court and any review lies to that superior court; accordingly the plaintiff's claim discloses no reasonable cause of action and must be struck out.

Court Disposition

Claim struck out

Orders

  • Statement of claim struck out
  • Costs to defendants to follow the event