New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Res judicata / finality

Legal area

Court

18 Jun 2020

EDWARDS v HUTT VALLEY DISTRICT COURT [2020] NZHC 1388

Citation

[2020] NZHC 1388
Court

High Court

The proceeding was struck out as an abuse of process because it attempted to relitigate matters already finally determined by multiple judges and was manifestly unfair to respondents; the high threshold for striking out was met and the inherent jurisdiction and High Court Rules provide authority to stop such repetitive litigation; further, the substantive challenge failed as the statutory scheme for charging documents did not confer the alleged right to be heard.
26 Oct 2018

MUIR v COMMISSIONER OF INLAND REVENUE [2018] NZCA 456

Citation

[2018] NZCA 456
Court

Court of Appeal

The Court held that the appellant's challenge proceedings had been struck out as an abuse of process and thereby brought to an end; the Supreme Court's leave decision confirmed that striking out the proceedings meant they could not be revived by filing amended claims, so the appellant's attempts to replead were impermissible and the appeals were dismissed.