New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Jameel disproportionate/abuse of process
  • 13 Dec 2016

    OPAI v CULPAN [2016] NZHC 3004

    Citation
    [2016] NZHC 3004
    Court
    High Court

    Associate Judge Bell held: (1) no stay ordered; (2) striking out under Jameel was justified for the performance appraisal claim, the diary 'complaints about timekeeping' claim, and for keeping the individual defendant joined solely to pursue exemplary damages; (3) the First Defendant (Culpan) was removed and cause against him struck out because proceeding against Crown alone provides adequate redress and exemplary damages cannot be recovered from Crown vicariously; (4) several pleaded meanings were not reasonably capable and must be struck or amended (performance appraisal cannot be read as a…