Craig v Stringer

Case [2020] NZCA 260


IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA312/2019
 [2020] NZCA 260

BETWEEN

COLIN GRAEME CRAIG
First Appellant

HELEN RUTH CRAIG
Second Appellant

ANGELA MARIA STORR
Third Appellant

KEVIN ERIC STITT
Fourth Appellant

STEPHEN DYLAN TAYLOR
Fifth Appellant

AND

JOHN CHARLES STRINGER
Respondent

Hearing:

28 April 2020 (further submissions received 4 and 7 May 2020)

Court:

Kós P, Gilbert and Goddard JJ

Counsel:

S J Mills QC and T F Cleary for Appellants
Respondent in person
W Akel and E A Keall as counsel assisting

Judgment:

26 June 2020 at 2 pm

Recalled and           30 June at 9 am
reissued:

JUDGMENT OF THE COURT

AThe appeal is allowed.

BThe order made in the High Court staying the proceeding is set aside.

CThe respondent is to pay costs to the appellants for a standard appeal on a band A basis and usual disbursements.  We certify for second counsel.

____________________________________________________________________

REASONS OF THE COURT

(Given by Gilbert J)

Introduction

  1. The central issue on this appeal is whether the High Court was correct to stay the present defamation proceedings indefinitely on the basis that their pursuit would be oppressive to a prospective witness and therefore an abuse of process of the Court.[1]  The witness had already given evidence three times on the same topic in other defamation proceedings involving different parties (the other defamation proceedings) and Palmer J considered it would be oppressive to require her to do so again.[2]

    [2]At [31].

  2. The present defamation proceedings comprise a proceeding by Colin Craig against John Stringer[3] and a proceeding by Mr Stringer against Mr Craig and the other four appellants.[4]  These separate proceedings were filed in September and October 2015 and were due to be heard together at a trial commencing in August 2019.  However, on 17 June 2019, two months prior to the scheduled trial date, the High Court, of its own motion, made an order staying indefinitely Mr Craig’s claim against Mr Stringer and part of Mr Stringer’s claim against Mr Craig and the other appellants.[5] This meant that the time, effort and cost expended by Mr Craig over a four-year period to prepare his claim for trial were all for nothing. 

    [3]Craig v Stringer CIV-2015-409-575.

    [4]Stringer v Craig CIV-2015-404-2524.

    [5]High Court judgment, above n 1, at [67(b)]–[67(c)].

  3. Although no question of issue estoppel or res judicata arose out of the other defamation proceedings, and no one other than Mr Craig had sought consolidation of any of the proceedings, the Judge concluded that Mr Craig’s continued pursuit of his claim against Mr Stringer was an abuse of the process of the Court.[6]  The Judge considered it would be “inequitable” to stay Mr Craig’s claim and not Mr Stringer’s, so he stayed Mr Stringer’s claim as well to the extent it would require the same prospective witness to give evidence again.[7]

Factual background

[6]At [31].

[7]At [36].

  1. Mr Craig was…

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Craig v Stringer [2020] NZCA 260
Case
[2020] NZCA 260
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CaseChat Overview and Summary

The Court of Appeal of New Zealand was asked to determine whether the High Court was correct to indefinitely stay defamation proceedings brought by Colin Graeme Craig against John Charles Stringer. The Court of Appeal found that the High Court's decision to stay the proceedings was incorrect and set aside the order for stay. The Court held that Mr Craig was entitled to pursue his claim against Mr Stringer, and that there was no basis for staying the proceedings as an abuse of the Court's process. The Court also found that sections 46-48 of the Defamation Act 1992 did not apply in this case. The appeal was allowed, and the order for stay was set aside. The respondent was ordered to pay costs to the appellants for a standard appeal on a band A basis and usual disbursements.

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