13 Jul 2023
MOHANNAD HASAN TOUBAT v HASAN MOHAMMED HASAN TOUBAT [2023] NZCA 298
- Citation
- [2023] NZCA 298
- Court
- Court of Appeal
The appeal was struck out because the underlying High Court proceeding manifestly abused court process and the appellant failed to comply with mandatory procedural requirements (no statement of claim or affidavit, no address for service, no service on respondents, insisting on proceeding without notice), so the appeal could not possibly succeed and was correctly struck out under r 44A of the Court of Appeal (Civil) Rules 2005.