30 Apr 2021
RH v AH [2021] NZHC 957
- Citation
- [2021] NZFLR 368
- Court
- High Court
Strike-out under r193 was justified because, accepting RH's pleaded facts except where contradicted by the earlier final judgment, there was no reasonable basis for discharge under s110 given prior credibility findings and ongoing risk; the application was an abuse of process as it impermissibly sought to relitigate matters already finally decided, and s87 meant the specified protected person status remained regardless of age or residence, so the appeal is dismissed.