26 Jun 2020
CRAIG v STRINGER [2020] NZCA 260
- Citation
- (2020) 25 PRNZ 367
- Court
- Court of Appeal
The Court of Appeal allowed the appeal and set aside the High Court's indefinite stay: there was no abuse of process, no res judicata or issue estoppel because the parties differed and issues had not been finally determined between the same parties, the Defamation Act ss 46–48 did not apply to bar the proceedings, repeated witness testimony alone does not justify staying proceedings as an abuse of process, and the appellant was entitled to pursue separate proceedings absent consolidation ordered under the Act or by the Court.