11 Sept 2009
KHAN AND KHAN V CASSIDY HC AK CIV-2009-404-1724
- Citation
- openlaw-75878823_e1ca_4cde_a79d_049b2a890ec6.pdf
- Court
- High Court
The amended statement of claim disclosed no reasonably arguable cause of action and was beyond repair because the alleged negligent act (a concession by counsel) was shown by the Court of Appeal decision to have been responsibly made and thus could not ground negligence; further s 47(1) Evidence Act 2006 renders the convictions conclusive in civil proceedings and the claim in substance mounted a collateral challenge to upheld criminal convictions and was therefore an abuse of process; accordingly the proceeding was struck out under r 15.1.