New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Scandalous pleadings

Legal area

Court

24 Nov 2016

FRIEDRICH JOACHIM FEHLING v WEST COAST DISTRICT HEALTH BOARD [2016] NZSC 155 [24 November 2016]

Citation

[2016] NZSC 155
Court

Supreme Court

The application was dismissed because the Court lacked jurisdiction to hear an appeal from non-acceptance of documents (there was no proceeding in the High Court), and even if jurisdiction existed there were no exceptional circumstances or issues of public importance under the Supreme Court Act 2003 to justify leave.
31 May 2013

HEENAN v SMITH [2013] NZHC 1282

Citation

[2013] NZHC 1282
Court

High Court

Leave to commence proceedings was granted limited to a simple breach of contract and debt claim relating to monies paid for respondent's overseas travel, subject to strict conditions: applicant must retain counsel, pleadings limited to the travel monies claim and exclude scandalous personal allegations, pleadings to be filed within two weeks by counsel, and the matter to be case managed; leave under the Property (Relationships) Act 1976 was not granted.