20 Jun 2016
WALLACE v COMMISSIONER OF POLICE [2016] NZHC 1338
- Citation
- [2016] NZHC 1338
- Court
- High Court
The strike out application was dismissed because the pleaded s8 claims (substantive and procedural) raised novel and contestable legal issues and factual matters such that they could not be said to be 'so clearly untenable' as to warrant summary disposal; the procedural obligation to investigate under s8 and the proper interaction with self-defence required fuller factual and legal examination. However, because of delay, previous extensive inquiries and the plaintiff's impecuniosity, the Court ordered security for costs ($20,000) and stayed the proceeding pending provision of that security wh…