New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Statutory validity
  • 30 Aug 2016

    FEHLING v R [2016] NZHC 2026

    Citation
    [2016] NZHC 2026
    Court
    High Court

    The interim injunction was dismissed because the plaintiff lacked a realistic prospect of success sufficient to justify temporary nullification of valid legislation and interference with democratically conducted elections; on the balance of convenience refusal was appropriate. The Court directed the Crown's strike out application be set down for hearing, ordered proper service via the Crown Solicitor, and prohibited further filing of scandalous or abusive material, warning that continued abuse could justify strike out.