14 Sept 2021
SPAK (1996) LIMITED v REECE LEROY [2021] NZHC 2398
- Citation
- [2021] NZHC 2398
- Court
- High Court
Defendant entitled to summary judgment because his conduct on each occasion fell within the scope of the registered pedestrian easement D3 (as building manager and agent of the body corporate) and therefore was not trespass; the plaintiff's proceeding was trivial, involved misrepresentation and constituted an abuse of process aimed at a collateral objective (removing the building manager); an Associate Judge lacks jurisdiction to punish for contempt under s16 Contempt of Court Act 2019, so the contempt application must be heard by a Justice; plaintiff's claim dismissed and costs awarded to de…