TOUBAT v TOUBAT and Anor [2023] NZHC 1737

TOUBAT v TOUBAT and Anor [2023] NZHC 1737

The proceeding was struck out because the applicant failed to comply with mandatory High Court Rules for interlocutory summary judgment applications (no statement of claim or notice of proceeding, no supporting affidavit, application improperly made without notice, and no valid New Zealand address for service), rendering the proceeding plainly an abuse of process under r 5.35B.

Citation
[2023] NZHC 1737
Parties
Proposed Applicant: Mohammad Hasan Toubat; Proposed Respondent: Hasan Mohammad Hasan Ahmad Toubat; Proposed Respondent: Abla Ali Al Ghoulel
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 July 2023
Procedural Posture
High Court Civil Proceeding Interlocutory Application for Summary Judgment/cancellation of Contract / Registrar Referral Under R 5.35 a and Strike Out Under R 5.35 B
Outcome
Proceeding struck out
Legal Topics
Summary Judgment, Strike Out, Service of Process, Address for Service, Abuse of Process, Interlocutory Applications
Civil Procedure Contract Court Rules Compliance Summary Judgment Strike Out Service of Process Address for Service Abuse of Process +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mohammad Hasan Toubat

Proposed Applicant

Hasan Mohammad Hasan Ahmad Toubat

Proposed Respondent

Abla Ali Al Ghoulel

Proposed Respondent

Procedural Posture

High Court Civil Proceeding Interlocutory Application for Summary Judgment/cancellation of Contract / Registrar Referral Under R 5.35 a and Strike Out Under R 5.35 B

Legal Issues

  1. 1 Whether applicant complied with High Court Rules for summary judgment applications (r 12.4)
  2. 2 Whether application could be made without notice and without affidavit
  3. 3 Whether the proceeding provided an address for service in New Zealand as required by r 1.3 and r 6.5

Ratio Decidendi

The proceeding was struck out because the applicant failed to comply with mandatory High Court Rules for interlocutory summary judgment applications (no statement of claim or notice of proceeding, no supporting affidavit, application improperly made without notice, and no valid New Zealand address for service), rendering the proceeding plainly an abuse of process under r 5.35B.

Court Disposition

Proceeding struck out

Orders

  • Proceeding struck out under r 5.35B(2)(a)
  • The application and the two documents filed with it are to be returned to Mr Mohammad Hasan Toubat