New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Pleading requirements and scandalous pleadings
  • 30 Jun 2022

    ELIZABETH MAY CURRIE v DOE [2022] NZHC 1547

    Citation
    [2022] NZHC 1547
    Court
    High Court

    Defendant's strike-out application dismissed because plaintiff's claim for declaratory relief under s24 Defamation Act is not conclusively time-barred on the Limitation Act s9 analogy and such issues require substantive hearing; defendant's allegation-based strike-out grounds (perjury, conspiracy, consent) were unsupported and premature; the defendant's statement of defence was struck out as prolix, unintelligible, scandalous and non-compliant with pleading and Defamation Act requirements; given the abuse of process, repetitive hopeless applications, outstanding costs and ongoing harassment,…

    • Declaration under s24 defamation act
    • Strike-out under high court rules r15.1 and r7.48
    • Limitation by analogy s9 limitation act 2010
    • Multiple publication rule
    • Pleading requirements and scandalous pleadings
    • Debarring a defendant/removal as party