Houghton v Saunders

Case [2025] NZHC 108


IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2008-409-348

[2025] NZHC 108

UNDER the Fair Trading Act 1986

IN THE MATTER

of a representative action

BETWEEN

ERIC MESERVE HOUGHTON

First Plaintiff

PORT STAFFORD LIMITED
Second Plaintiff

AND

TIMOTHY ERNEST CORBETT SAUNDERS, SAMUEL JOHN MAGILL, JOHN MICHAEL FEENEY, CRAIG

EDGEWORTH HORROCKS, PETER DAVID HUNTER, PETER THOMAS and JOAN WITHERS
First Defendants

CREDIT SUISSE PRIVATE EQUITY LLC
Second Defendant

CREDIT SUISSE FIRST BOSTON ASIAN MERCHANT PARTNERS LP

Third Defendant

Hearing: 23 October 2024

Appearances:

N R Williams and A Parlane for the representative Plaintiffs D J Cooper KC and S T Coupe for First Defendants

C J Curran, J W Upson and M G Alison for Second Defendant No appearance by or for Third Defendant

Judgment:

10 February 2025


JUDGMENT OF ASSOCIATE JUDGE SKELTON


HOUGHTON v SAUNDERS [2025] NZHC 108 [10 February 2025]

Introduction

[1]                 The representative plaintiff, Eric Houghton and Port Stafford Ltd (PSL), as the proposed new lead plaintiff (applicants) apply for an order reinstating the proceeding against the second and third defendants so that a claim against those defendants can be pursued under the Fair Trading Act 1986 (FTA). It is proposed that, in the first instance, PSL would pursue a claim for compensation for its own alleged losses, and that directions would then be made “for a facilitation process to remedy losses incurred by five plaintiff representatives and the other represented claimants”.

[2]                 The proceeding was previously struck out as a result of failure to comply with unless orders relating to security for costs in respect of the stage two trial and confirmation that the claimants were adequately resourced to prepare for and present all aspects of their stage two claims.1 The representative plaintiff sought relief from the consequences of non-compliance with the unless orders. As the proceeding had been struck out, relief would necessarily have involved revival or reinstatement of the proceeding. By agreement between the parties, this application was heard by the Court of Appeal. The application was declined.2 The Supreme Court declined leave to appeal.3

[3]                 The second defendant opposes the application to reinstate the proceeding on the basis that the application is an abuse of process because it is seeking to relitigate the matters already determined by the Court of Appeal or should otherwise be declined.

[4]                 There is an extant issue as to whether the third defendant has been properly served with the application. Counsel for the second defendant filed a memorandum dated 16 October 2024 recording that they had recently obtained limited instructions to act for the interests of the third defendant. It is contended that service has not been validly effected on the third defendant because the applicants have not sought leave to serve the application out of New Zealand under r 6.30 of the High Court Rules 2016


1      Houghton v Saunders [2019] NZHC 1362 at [90]; Houghton v Saunders [2020] NZHC 2030.

2      Houghton v Saunders [2020] NZCA…

Continue reading Houghton v Saunders

Sign in free to access the full text

Details
AGLC
Houghton v Saunders [2025] NZHC 108
Case
[2025] NZHC 108
Decision Date

CaseChat Overview and Summary

The case of Houghton v Saunders involved an application to reinstate a proceeding that had been struck out for failure to comply with unless orders. The representative plaintiff and Port Stafford Ltd sought to pursue compensation claims against the second and third defendants under the Fair Trading Act 1986. The primary legal issues were whether the application was an abuse of process and whether there was a basis for reviving the proceeding. The applicants argued that the breach of the unless orders was procedural and due to financial difficulties, and that the proceeding should be revived to allow the claimants to prove their losses. However, the Court found that the application was an abuse of process as it attempted to relitigate matters already determined by the Court of Appeal and the Supreme Court. The Court also found that there was no sound basis for reviving the proceeding as there was no belated compliance with the unless orders, no firm proposal for payment of security for costs, uncertainty about the level of security for costs required, and uncertainty as to whether there was adequate funding for the proposed plaintiffs to prepare and pursue the claims. The application for reinstatement was dismissed.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.