Rock v Henderson

The appeal concerned a dispute between Rock (the applicant) and Henderson (the respondent) regarding the striking out of the applicant's Statement of Claim in full by the District Court. The quantum of damages claimed in the proceedings was identical to the value of real property that was the subject of separate family law proceedings.

The Court of Appeal was required to determine whether the District Court erred in striking out the applicant's Statement of Claim. Specifically, the court considered whether the proceedings were brought for an improper or collateral purpose, constituting an abuse of process, and whether the Statement of Claim was so defective in form as to justify its striking out, or if reasonable causes of action were disclosed. The court also considered issues relating to claims for malicious prosecution, including the recoverability of legal costs and lost earnings as actionable damage, whether malice and absence of reasonable or probable cause were adequately particularised, and whether Apprehend Domestic Violence Order proceedings could found a malicious prosecution claim. Finally, the court considered whether distress to children of the claimant constituted actionable damage for trespass to land.

The Court of Appeal found that there was no sufficient basis for concluding that the proceedings were an abuse of process. The court reasoned that the Statement of Claim was not so defective in form as to justify striking it out and that reasonable causes of action were disclosed. The court allowed the appeal, setting aside the District Court's orders and dismissing the notice of motion that had led to the striking out of the Statement of Claim. The court ordered that the applicant pay the respondent's costs of that motion, but the respondent was ordered to pay the applicant's costs of the application for leave to appeal and the appeal itself.