IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2010-404-006349 [2013] NZHC 735
BETWEEN FRANCISC CATALIN DELIU Plaintiff
ANDBOON GUNN HONG Defendant
Hearing: 4 and 5 October 2012
(with further written submissions 22 February 2013, 15 March 2013,
27 March 2013 and 4 April 2013) (Heard at Auckland)
Appearances: F C Deliu (Plaintiff/Respondent) in person
A D Banbrook for Defendant/Applicant
Judgment: 12 April 2013
JUDGMENT OF ASSOCIATE JUDGE OSBORNE [as to defendant’s application to strike out claim]
This judgment was delivered by Associate Judge Osborne on 12 April 2013 at 3.00 pm, pursuant to
r 11.5 of the High Court Rules
Registrar/Deputy Registrar
Date:
DELIU V HONG HC AK CIV-2010-404-006349 [12 April 2013]
Introduction
[1] This is a defendant’s application for an order striking out the plaintiff’s
statement of claim.
[2] Mr Deliu practises as a barrister. Mr Hong practises as a conveyancing solicitor.
[3] Mr Deliu sues Mr Hong in tort for things said and done in mid-2010. Since then a substantial body of litigation has grown out of the issues between them. The background is captured at the start of the judgment of Winkelmann J in a judicial review proceeding, Deliu v Hong1 which records:
[1] In May 2010 two junior barristers in Mr Deliu’s chambers, were retained as counsel in proceedings issued against a conveyancing solicitor, Mr Hong. Mr Hong responded to service of those proceedings upon him by sending a letter to the two barristers asserting that the proceedings were without merit, and threatening he would take various steps if they did not withdraw the action against him. Mr Deliu regards himself as the senior member of the chambers, and so took it upon himself to respond to Mr Hong, and to lay a complaint with the New Zealand Law Society (the Law Society) about the contents of Mr Hong’s letter. Sometime later, Mr Hong laid a complaint with the Law Society about Mr Deliu.
[2] There ensued a period of months during which Mr Deliu and Mr Hong exchanged insults and threats in correspondence with each other, often copying the Law Society into their correspondence and seeking to enlarge the scope of their respective complaints. The Law Society continued to receive the correspondence and, on occasion, forward it to the other party to other party for comment.
[4] The Schedule to this judgment contains references to some of the items of Mr Hong’s correspondence and particular content which Mr Deliu says were defamatory. The Schedule (including with typographical errors) is as attached to the first judgment issued in this proceeding – by Venning J on an injunction application
in October 2010.2
[5] Three other proceedings are relevant to this proceeding:
1 Deliu v Hong [2012] NZHC 158.
2 Deliu v Hong HC Auckland CIV-2010-404-006349, 27 October 2010 (Venning J).
1. The clients’ District Court proceeding – the 2010 proceeding referred to by Winkelmann J, in which clients of Amicus Lawyers Limited (“Amicus”) sued Mr Hong and others for negligence on a property purchased.3
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