15 Aug 2018
BURROWS v THOMSON [2018] NZHC 2093
- Citation
- [2018] NZHC 2093
- Court
- High Court
The appeal is dismissed because the applicant satisfied the subjective limb (he felt distress and feared for his safety) but failed the objective limb of s4(1)(f): a reasonable person in his circumstances would not have feared for their safety; further, continuation of the proceeding was an abuse of the court's procedure under s32(1) given the prior restraining order in favour of the respondent and absence of contact, so dismissal was justified and not an error of law or bias.