New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Concurrent proceedings

Legal area

Court

17 Feb 2023

TANYA FELICITY DUNSTAN v AUCKLAND HIGH COURT [2023] NZSC 3

Citation

[2023] NZSC 3
Court

Supreme Court

The Supreme Court dismissed the application for leave because pursuing concurrent malicious prosecution proceedings in the District Court and the High Court arising from the same facts was an abuse of process and the statutory criteria for leave under s 74(2) were not met.
14 Dec 2022

DUNSTAN v AUCKLAND HIGH COURT & ORS [2022] NZCA 623

Citation

[2022] NZCA 623
Court

Court of Appeal

The recall application was declined because the applicant did not identify any of the narrow established grounds for recall; the High Court judge was correct to strike out the proceeding as an abuse of process where it duplicated an existing District Court action, and no very special reason of justice justified recalling the Court of Appeal judgment.