JAMES ROBERT REID V THE GOVERNOR-GENERAL OF NEW ZEALAND AND ORS HC WN CIV 2009-485-1633

JAMES ROBERT REID V THE GOVERNOR-GENERAL OF NEW ZEALAND AND ORS HC WN CIV 2009-485-1633

Because the applicant had been afforded opportunity to apply for and challenge refusal of fee waivers, had notice of the hearing and repeatedly failed to pay the filing fees, the proceedings were an abuse of process and were properly struck out under r 15.1 of the High Court Rules; respondents were entitled to costs...

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Citation
openlaw-10ecc2a4_6062_457e_9847_5e9b7ef14445.pdf
Parties
Applicant/appellant: James Robert Reid; First Respondent: The Governor-General of New Zealand; Second Respondent: Her Majesty's New Zealand Government; Third Respondent: The Environment Court; Fourth Respondent: Manawatu-Wanganui Regional Council
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 May 2010
Procedural Posture
Judicial Review and Appeal (strike Out Application) / Final Judgment Striking Out Proceedings
Outcome
Both proceedings struck out as an abuse of the process of the Court
Legal Topics
Strike Out, Abuse of Process, Fee Waiver, Judicial Review, Appointment Challenge, Declarations
Civil Procedure Administrative Law Environmental Law Costs Strike Out Abuse of Process Fee Waiver Judicial Review +2 more

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Parties

James Robert Reid

Applicant/appellant

The Governor-General of New Zealand

First Respondent

Her Majesty's New Zealand Government

Second Respondent

The Environment Court

Third Respondent

Manawatu-Wanganui Regional Council

Fourth Respondent

Procedural Posture

Judicial Review and Appeal (strike Out Application) / Final Judgment Striking Out Proceedings

Legal Issues

  1. 1 Whether proceedings constituted an abuse of process warranting strike out under r 15.1 of the High Court Rules
  2. 2 Whether plaintiff's failure to pay filing fees after waiver applications were refused precluded continuation of proceedings pursuant to High Court Fees Regulations 2001
  3. 3 Whether declarations challenging appointment of Environment Court Judge could proceed given procedural default and abuse findings

Ratio Decidendi

Because the applicant had been afforded opportunity to apply for and challenge refusal of fee waivers, had notice of the hearing and repeatedly failed to pay the filing fees, the proceedings were an abuse of process and were properly struck out under r 15.1 of the High Court Rules; respondents were entitled to costs and finality.

Court Disposition

Both proceedings struck out as an abuse of the process of the Court

Orders

  • Strike out proceedings CIV-2009-485-1633 and CIV-2009-485-1817 as an abuse of process under r 15.1
  • Award costs: first, second and third respondents in 1633 entitled to 2B costs