New Zealand Case Law

9 Jun 2023

D v RMC [2023] NZHC 1440

Citation

[2023] NZHC 1440

Court

High Court

The stay remains because the Court of Appeal has concluded the tort claim against court‑appointed counsel is untenable and appears vexatious, and the proceeding constitutes impermissible relitigation and abuse of process; accordingly lifting the stay would be pointless and the application to lift the stay is dismissed.

• Stay under high court rules r 5.35b
• Abuse of process
• Strike out / no reasonably arguable cause of action
• Vexatious litigation
• Duty of counsel appointed for children
• Summary judgment unsuitability