24 Sept 2020
WHITE v THE ATTORNEY-GENERAL [2020] NZHC 2499
- Citation
- [2020] NZHC 2499
- Court
- High Court
Application to strike out parts of the defendant's defence was dismissed because findings in the prison disciplinary proceeding did not operate as a conclusive estoppel in the civil claim given differences in proof standards and because it was not appropriate at interlocutory stage to determine whether the Crown's pleaded factual assertions necessarily failed; accordingly the pleaded defence that officers had reasonable grounds could stand and raising it did not constitute an abuse of process in the circumstances.