IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CIV-2022-419-000070
[2023] NZHC 1519
BETWEEN ALLAN GEOFFREY HALSE
Plaintiff
AND
RANGIURA TRUST BOARD
First Defendant
AND
NORRIS WARD MCKINNON LTD
Second Defendant
AND
SAMUEL WALLACE HOOD
Third Defendant
AND
ERIN REBEKAH ANDERSON
Fourth Defendant
Hearing: 19 April 2023 Appearances:
Plaintiff in Person
Michael Robertson and Sophie Pasley for the First Defendant Virginia Wethey and Rachel Anderson for the Second to Fourth Defendants
Judgment:
19 June 2023
JUDGMENT OF MOORE J
This judgment was delivered by me on 19 June 2023 at 3:00 pm pursuant to Rule 11.5 of the High Court Rules 2016.
Registrar/ Deputy Registrar Date:
HALSE v RANGIURA TRUST BOARD & ORS [2023] NZHC 1519 [19 June 2023]
Contents
Paragraph number
Introduction.............................................................................................................. [1]
Background.............................................................................................................. [5]
Statement of claim................................................................................................. [27]
Strike out application............................................................................................ [41]
Summary of respective positions.......................................................................... [42]
Legal principles – defendants’ strike out and summary judgment
applications........................................................................................................ [48]
Analysis on strike out/summary judgment applications....................................... [55]
Strike out.............................................................................................................. [58]
(a)Deceit.................................................................................................... [59]
(b)Fraud and conspiracy to defraud.......................................................... [69]
(c)Knowing assistance............................................................................... [78]
Abuse of process.................................................................................................. [84]
Summary judgment application........................................................................... [96]
Application under s 166 of the Senior Courts Act............................................ [103]
Result..................................................................................................................... [117]
Introduction
[1] Mr Allan Halse, the plaintiff, brings causes of action in deceit, fraud, conspiracy to defraud, and knowing assistance against each of the four defendants, being Rangiura Trust Board (“Rangiura”), Norris Ward McKinnon Ltd (“NWM”), Mr Samuel Hood and Ms Erin Anderson.
[2] The first defendant, Rangiura, applies to strike out the proceedings under r 15.1 of the High Court Rules Act 2016 (“the Rules”), alternatively for summary judgment under r 12.2.
[3] This is supported by the second, third and fourth defendants, who also bring an application for an extended order under s 166 of the Senior Courts Act 2016 (“the Senior Courts Act”) restraining Mr Halse from commencing or continuing civil proceedings on this matter or any related matter in any senior Court, another Court, or Tribunal.
[4]This judgment deals with each of the applications.
Background
[5] On 31 March 2022, Mr Halse brought these proceedings against Rangiura and its legal advisors.
[6] The origin of the dispute is a mediation which took place on 5 March 2018. It was an employment dispute.
[7] NWM is an incorporated Hamilton law firm. It represented Rangiura which runs a rest home in a small Waikato town. Mr Hood, the third defendant, is a partner of NWM. He represented Rangiura in the employment dispute. He was assisted by the fourth defendant, Ms Anderson, who at the time was an associate of the firm.
[8] The employee was represented by Mr Halse, an employment advocate. He is not a lawyer. He is, however, able to take instructions and act in employment disputes
by virtue of the Employment Relations Act 2000.1 Mr Halse was the sole director and shareholder of CultureSafe NZ Limited (“CultureSafe”). CultureSafe, which is…
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- [2023] NZHC 1519
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