25 Aug 2023
Extension of time was declined because the applicants have a sustained history of meritless litigation, have repeatedly failed to pay costs awards, refused to pay set security for costs, and the proposed appeal has little realistic prospect of success; therefore the interests of justice favored refusal.
6 Dec 2021
The proceedings and the subsequent appeal constituted an abuse of process for the reasons given by the High Court and the Court of Appeal; consequently the application for leave to appeal to the Supreme Court is dismissed.
30 Sept 2021
The Court found multiple distinct proceedings brought by the respondent between 2013 and 2020 were bound to fail in their entirety, constituted repetitive collateral attacks and abuse of process, and that lesser measures would be inadequate; accordingly a proportional general order under s 166 was justified and imposed restraining the respondent from commencing or continuing any civil proceedings for three years.
24 Sept 2021
The appeal was struck out because it was an abuse of process and a collateral attack on prior decisions; r 44A(1)(c) authorises strike out of frivolous or vexatious appeals and the High Court cannot judicially review its own decisions, so the strike-out was justified.
18 Nov 2020
The Court held that the High Court minute did not determine any issue against Mr Siemer and was therefore not an appealable decision; paragraph [21] correctly recorded that position; the alleged misstatement did not engage the Court's limited recall jurisdiction and the proper remedy is to seek leave to appeal to the Supreme Court.
28 Feb 2019
Three prior proceedings involving the respondent (Sheppard, Fogarty and Heath lines of decisions) were properly characterised as totally without merit and/or abuses of process, meeting the s167 threshold; given the respondent's long history of repetitious, disproportionate litigation, failure to give regard to costs and prior rulings, and ongoing risk of continued abuse, an extended order under s166 restraining him from commencing or continuing proceedings relating to the specified Waitakere land for five years was appropriate and proportionate.