1 Feb 2017
HEENAN v THE ATTORNEY GENERAL [2017] NZHC 19
- Citation
- [2017] NZHC 19
- Court
- High Court
Leave to issue the proposed proceedings was declined because the applicant, as an undischarged bankrupt, cannot personally pursue the cause of action (vests in the Official Assignee), the Trust had no interest in the original judgment so allowing the Trust to sue would be abusive, and because the proposed proceedings repeated previously struck out, scandalous allegations and breached a specific court direction, constituting an abuse of process.