IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2004-404-007211 [2017] NZHC 1278
BETWEEN ROBERT ERWOOD
Plaintiff
AND
JOHN ROBIN HOLMES First Defendant
ANTHONY DAVID BANBROOK Second Defendant
GRAEME EDWARD MINCHIN Third Defendant
Hearing: (On the papers) Counsel:
Plaintiff in Person
Lorraine MacDonald for the First DefendantJudgment:
12 June 2017
JUDGMENT OF MOORE J
This judgment was delivered by me on 12 June 2017 at 4:00 pm pursuant to Rule 11.5 of the High Court Rules.
Registrar/ Deputy Registrar
Date:
ERWOOD v HOLMES & ORS [2017] NZHC 1278 [12 June 2017]
Introduction
[1] Mr Erwood applies for a review of the decision of Doogue AJ1 not to appoint counsel assisting (or an amicus curiae) in respect of the present proceedings.2
[2] On 12 April 2017 Fitzgerald J made consent orders for the timetabling of submissions in respect of the review. The parties were agreed the matter could be dealt with and determined on the papers.
[3] Doogue AJ determined that neither a litigation guardian nor counsel assisting should be appointed. This review is only in respect of the Judge’s determination on the counsel assisting issue.
[4] I note for the sake of completeness that on 27 April 2017 Venning J declined Mr Erwood’s application for the appointment of counsel assisting for the purposes of the current review. His Honour determined such an appointment was not in the interests of justice given that the review raises a very short point which Mr Erwood would be well able to address without assistance.
Background
[5] These proceedings have their genesis in the Renshaw and Edwards litigation which arose from very substantial losses caused by the dishonesty of two Wellington practitioners. Mr Erwood sued the New Zealand Law Society and an insurance company to recover his losses. He succeeded against the Law Society but failed against the insurance company.
[6] He then sued the lawyers who represented him in those proceedings, pleading a number of breaches of duty, one of which was a failure to apply to the Court for the appointment of a litigation guardian. Mr Erwood was apparently mentally
disordered at the time.
1 Erwood v Holmes [2017] NZHC 556.
2 The terms “counsel assisting” and “amicus curiae” are to be read interchangeably in this judgment. Where possible “counsel assisting” has been adopted in deference to the Court of Appeal’s stated preference. However, “amicus curiae” is still widely used and has been applied in this judgment when the context has required or when a quote from a judgment has used the term.
[7] As Doogue AJ’s judgment records, the course of the litigation is recounted in Harley v McDonald.3 There Mr Erwood was represented by the second defendant in these proceedings, Mr Banbrook. The third defendant, Mr Minchin, was his litigation guardian appointed to represent his interests.
[8] This litigation seemingly came to an end when a settlement was entered into following a judicial conference on 25 November 2003.4 While Mr Erwood did not…
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