GB & ORS v WLS [2015] NZHC 3176

GB & ORS v WLS [2015] NZHC 3176

The Limitation Act 1950 as amended by the Limitation Act 2010 does not preclude the High Court exercising its common law/inherent jurisdiction (and Rule 15) to strike out or stay proceedings on grounds that prejudice from delay prevents a fair trial; accordingly defendants may bring an interlocutory strike out/stay...

Source-derived case information.

Citation
[2015] NZHC 3176
Parties
Plaintiffs: GB & ORS; First Defendant: WLS; Second Defendant: YFT
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 December 2015
Procedural Posture
Civil Claim for Monetary Remedies for Historic Sexual Abuse (tort, Equitable and NZBORA Claims) / Interlocutory: Application to Strike Out or Stay Proceedings (abuse of Process/prejudice) Prior to Trial
Outcome
Held for defendants on the point of law: Limitation Acts do not preclude a Rule 15 strike out or stay application; defendants' application may be heard; merits to be decided at interlocutory hearing
Legal Topics
Strike Out, Stay, Abuse of Process, Statutory Limitation, Leave to Commence (s4(7)), Disability Tolling (s24), Prejudice and Fair Trial
Civil Procedure Limitation Law Tort Equity Human Rights/nzbora Strike Out Stay Abuse of Process +4 more

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Parties

GB & ORS

Plaintiffs

WLS

First Defendant

YFT

Second Defendant

Procedural Posture

Civil Claim for Monetary Remedies for Historic Sexual Abuse (tort, Equitable and NZBORA Claims) / Interlocutory: Application to Strike Out or Stay Proceedings (abuse of Process/prejudice) Prior to Trial

Legal Issues

  1. 1 Whether the Limitation Act(s) displace the court's common law/inherent power to strike out or stay proceedings for prejudice preventing a fair trial
  2. 2 Whether High Court Rule 1.4(3)(c) makes the Limitation Acts a code that excludes Rule 15 strike out/stay jurisdiction
  3. 3 Whether limitation leave applications under s4(7)/s24 must be deferred to trial and cannot be pre-empted by a strike out application

Ratio Decidendi

The Limitation Act 1950 as amended by the Limitation Act 2010 does not preclude the High Court exercising its common law/inherent jurisdiction (and Rule 15) to strike out or stay proceedings on grounds that prejudice from delay prevents a fair trial; accordingly defendants may bring an interlocutory strike out/stay application and the court must decide whether to entertain it before trial, with merits to be determined at a listed hearing.

Court Disposition

Held for defendants on the point of law: Limitation Acts do not preclude a Rule 15 strike out or stay application; defendants' application may be heard; merits to be decided at interlocutory hearing

Orders

  • Defendants permitted to bring application to strike out or stay proceedings on grounds of prejudice/abuse of process
  • Interlocutory hearing of the defendants' strike out/stay application listed for 22 February 2016 and 23 February 2016 before Fogarty J