New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Strike out for no reasonably arguable cause

  • 30 Sept 2020

    O’NEILL v BRIDGMAN [2020] NZCA 460

    Citation
    [2020] NZCA 460
    Court
    Court of Appeal

    The statement of claim was struck out because it was an abuse of process and disclosed no reasonably arguable cause of action: the pleadings lacked required particularity and factual basis for serious allegations, amounted to a collateral attack on judicial decisions, and there is no statutory or implied power permitting the executive respondents to investigate or discipline court officers for decisions made in the exercise of judicial functions; appropriate remedies lie under r2.11 and the court's inherent jurisdiction, not by the executive.

    • Abuse of process
    • Strike out for no reasonably arguable cause
    • Separation of powers
    • Judicial independence
    • Review of registrar decisions
    • High court rules compliance

  • 19 Jul 2019

    SINGH v BOUTIQUE BODY CORPORATES LIMITED [2019] NZHC 1707

    Citation
    (2019) 20 NZCPR 297
    Court
    High Court

    The court struck out the negligence claims against Boutique Body Corporates Ltd and struck paragraphs [33](b),(33)(c) and [34] against the committee members because the amended pleading failed to allege an assumption of personal responsibility or sufficient proximity to found a duty of care to the individual owner beyond duties owed to the body corporate, and insofar as the committee allegations sought to relitigate matters already determined they amounted to an abuse of process; however claims concerning failure to provide reports under the s74 scheme remain live against the body corporate/c…

    • Unit titles act s74 schemes
    • Duty of care and assumption of responsibility
    • Derivative actions and foss v harbottle rule
    • Abuse of process / collateral attack
    • Strike out for no reasonably arguable cause
    • Body corporate governance and committee liability

  • 2 May 2017

    JAQUES v MAIN & OR [2017] NZHC 857

    Citation
    [2017] NZHC 857
    Court
    High Court

    Clause 2 of the settlement agreement, which provided for $4,000 plus GST per week to accrue, is a penalty provision and unenforceable; pleadings relying on clause 2 are struck out, leaving only the $30,000 debt which is within District Court jurisdiction and should be transferred unless settled; the proceeding is not struck out for failure to pay security for costs because non-compliance was not deliberate and prejudice is addressed by costs; indemnity costs awarded to defendants for unreasonable conduct by plaintiff.

    • Penalty clause
    • Security for costs
    • Strike out for no reasonably arguable cause
    • Summary judgment
    • Transfer to district court

  • 9 Nov 2016

    SATHYAN v POLICE COMMISSIONER OF WELLINGTON [2016] NZCA 532

    Citation
    [2016] NZCA 532
    Court
    Court of Appeal

    Extension of time was declined because the applicant filed the appeal about five months late and the proposed appeal had no realistic prospect of success: established law bars courts from directing the Commissioner on investigation or resource allocation and the statement of claim disclosed no reasonably arguable cause of action, so it was not in the interests of justice to extend time.

    • Extension of time
    • Mandamus
    • Strike out for no reasonably arguable cause
    • Police investigatory discretion
    • Prosecutorial/resource allocation discretion
    • Bill of rights/udhr arguments

  • 2 Aug 2012

    EASTON v GOVERNOR-GENERAL SC 48/2012

    Citation
    SC 48/2012
    Court
    Supreme Court

    The Supreme Court dismissed the application for leave because the proposed appeal had no real prospect of success, did not raise a matter of general or public importance and would not prevent a substantial miscarriage of justice; accordingly it was not necessary in the interests of justice for the Court to hear the appeal and costs were awarded to the respondent.

    • Validity of legislation
    • Royal assent
    • Prerogative of mercy
    • Leave to appeal
    • Strike out for no reasonably arguable cause