Hill v The Queen
Case
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[2019] NZHC 691
•14 May 2019
Details
AGLC
Case
Decision Date
Hill v The Queen [2019] NZHC 691
[2019] NZHC 691
14 May 2019
CaseChat Overview and Summary
The case of Hill v The Queen involves two proceedings initiated by Fredrick Hill against multiple defendants, including the Crown, the Attorney-General, the Māori Trustee, the Waitangi Tribunal, the Māori Land Court, Totaranui Stud Ltd, and the Tararua District Council. The defendants have filed applications to strike out Hill's claims on various grounds, including lack of a reasonably arguable cause of action, potential for prejudice or delay, vexatious nature, and abuse of process. Hill, who is unrepresented, opposes the applications but has failed to file a compliant statement of claim in either proceeding.
The court examines the pleadings in both claims and finds significant defects in form and substance. The claims lack clarity and precision, do not comply with the requirements for pleadings set out in the High Court Rules, and fail to state distinct causes of action or specify the relief sought. The court concludes that the claims are unintelligible, cause prejudice and delay, and are vexatious and an abuse of process. As a result, the court grants the defendants' applications to strike out the claims and reserves costs for later determination.
The court examines the pleadings in both claims and finds significant defects in form and substance. The claims lack clarity and precision, do not comply with the requirements for pleadings set out in the High Court Rules, and fail to state distinct causes of action or specify the relief sought. The court concludes that the claims are unintelligible, cause prejudice and delay, and are vexatious and an abuse of process. As a result, the court grants the defendants' applications to strike out the claims and reserves costs for later determination.
Details
Key Legal Topics
Areas of Law
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Administrative Law
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Constitutional Law
Legal Concepts
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Jurisdiction
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Standing
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Res Judicata
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Abuse of Process
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Breach of Trust
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Unjust Enrichment
Actions
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Citations
Hill v The Queen [2019] NZHC 691
Most Recent Citation
Hill v The Queen [2019] NZHC 1464
Cases Citing This Decision
4
Hill v The Queen
[2019] NZHC 1868
Hill v The Queen
[2019] NZHC 1464
Hill v The Queen
[2019] NZHC 1868
Cases Cited
12
Statutory Material Cited
0
Hill v Māori Trustee
[2016] NZHC 364
Hill v Māori Trustee
[2016] NZHC 1847
Hill v Māori Trustee
[2016] NZCA 380