Attorney-General v Siemer

Case [2014] NZHC 859


IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2012-404-008 [2014] NZHC 859

BETWEEN  THE ATTORNEY-GENERAL Applicant

ANDVINCENT ROSS SIEMER Respondent

Hearing:                   10-12 March 2014

Counsel:                  A M Powell for the Applicant

A J Ellis & G K Edgeler for the Respondent

Judgment:                30 April 2014

JUDGMENT OF RONALD YOUNG AND BROWN JJ

Solicitors:    Crown Law, Wellington

Marshall, Bird & Curtis, Auckland

Counsel:     T Ellis, Wellington

ATTORNEY-GENERAL v SIEMER [2014] NZHC 859 [30 April 2014]

Introduction

[1]      In this proceeding the Attorney-General seeks orders under s 88B of the

Judicature Act 1908 that:

A.        No civil proceeding shall, without leave of this Honourable Court, be instituted by Vincent Ross Siemer himself and/or by his agent in any court; and

B.        None  of  the  civil  proceedings  so  far  instituted  by Vincent  Ross Siemer in any court shall be continued by him and/or his agent without such leave.

[2]      Section 88B relevantly provides:

88B     Restriction on institution of vexatious actions

(1)       If,  on  an  application  made  by  the  Attorney-General  under  this section, the High Court is satisfied that any person has persistently and without any reasonable ground instituted vexatious legal proceedings, whether in the High Court or in any inferior Court, and whether against the same person or against different persons, the Court may, after hearing that person or giving him an opportunity of being heard, order that no civil proceeding or no civil proceeding against any particular person or persons shall without the leave of the High Court or a Judge thereof be instituted by him in any Court and that any civil proceeding instituted by him in any Court before the making of the order shall not be continued by him without such leave.

…

Summary of parties’ cases

The Attorney-General’s case

[3]      The Attorney-General’s case is that from 2003 through to the present time Mr Siemer has conducted a campaign of litigation almost entirely derived from a dispute that arose in 2000.  The dispute is between Mr Siemer and a receiver who was appointed to a company in which Mr Siemer and his wife had made an investment.

[4]      The litigation has grown almost exponentially and on a scale not previously seen in New Zealand to include claims against the receiver and his company, other lawyers, the Solicitor-General, the Attorney-General, judges who heard and determined the cases brought by Mr Siemer or by the receiver against Mr Siemer, and the Judicial Conduct Commissioner.

[5]      The principal, but not the sole, reason why those proceedings are said to be vexatious is that Mr Siemer has used them to challenge the outcome of previous court cases in which he has been unsuccessful.

[6]      The  second  amended   statement  of  claim  refers  to  19  distinct  legal proceedings instituted by Mr Siemer.  In reliance on the principles set out in Brogden v  Attorney-General1    the  Attorney-General  alleges  that  those  19  proceedings constitute vexatious proceedings.2

[7]      The Attorney-General’s evidence comprised court documents from each of the proceedings which were contended to be vexatious: the pleadings,…

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Attorney-General v Siemer [2014] NZHC 859
Case
[2014] NZHC 859
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CaseChat Overview and Summary

In the High Court of New Zealand, the Attorney-General applied for orders under s 88B of the Judicature Act 1908 against Vincent Ross Siemer, prohibiting him from instituting or continuing any civil proceedings without leave of the Court. The application was based on the contention that Mr Siemer had persistently instituted vexatious proceedings. Mr Siemer resisted the application on a number of grounds, including that the application should not be brought by the Attorney-General and that the evidence relied upon by the Attorney-General was deficient. The Court rejected all of Mr Siemer’s objections. The Court found that Mr Siemer had instituted vexatious proceedings on 15 out of the 19 occasions identified by the Attorney-General. The Court made an order prohibiting Mr Siemer from instituting or continuing any civil proceedings without leave of the Court against the parties involved in the litigation with Mr Stiassny, Ferrier Hodgson, Mr Robert Fardell, and Paragon Oil Systems Ltd, and prohibiting him from instituting or continuing any proceedings relating to that dispute. The Court considered that the appropriate outcome was to restrict the bringing of proceedings arising from this dispute (directly or indirectly) without leave. The Court also recommended consideration be given to amending s 88B in the same manner as in Canada and Australia so as to extend its application to cases where the vexatious behaviour occurs only subsequent to the institution of the proceeding.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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