26 Aug 2020
PATERSON v LEPIONKA & CO INVESTMENTS LTD [2020] NZHC 2184
- Citation
- [2020] NZHC 2184
- Court
- High Court
The Court struck out the mortgagee proceeding as an abuse of process barred by res judicata because the matters and remedies pleaded were the same or should have been raised in the earlier fully litigated Main Judgment; struck out the bankruptcy proceeding because the pleaded malicious prosecution, abuse of process and dishonest assistance causes disclosed no reasonably arguable cause of action (malicious prosecution failed the required element of an ultimately successful prior proceeding and other causes were collateral attacks or res judicata barred); having identified at least two prior pr…