IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CIV-2013-485-009097 [2014] NZHC 916
BETWEEN ALAN DENNIS JEFFERIES
Applicant/Plaintiff
AND
WELLINGTON REGIONAL COUNCIL First Respondent/First Defendant
UPPER HUTT COUNCIL
Second Respondent/Second DefendantLUKE CUNNINGHAM & CLERE Third Respondent/Third Defendant
CIV-2014-485-001323
BETWEEN ALAN DENNIS JEFFERIES Applicant/Plaintiff
ANDWELLINGTON REGIONAL COUNCIL First Respondent/First Defendant
LUKE CUNNINGHAM & CLERE Second Respondent/Second Defendant
Hearing: 5 May 2014 Counsel:
Applicant/Plaintiff in person
D R La Hood and J A Eng for First and Third Respondents in proceeding CIV-2013-485-009097 and First and Second Respondents in proceeding CIV-2014-485-001323
P Moodley for Second Respondent in proceeding CIV-2013-
485-009097Judgment:
6 May 2014
JUDGMENT OF COLLINS J
JEFFERIES v WELLINGTON REGIONAL COUNCIL [2014] NZHC 916 [6 May 2014]
Introduction
[1] This judgment explains why I must strike out two sets of proceedings
Mr Jefferies has commenced.
[2] In one proceeding Mr Jefferies has sought judicial review of decisions of the Wellington Regional Council (Regional Council), Upper Hutt City Council (City Council) and the law firm Luke Cunningham & Clere, which is responsible for prosecuting certain charges brought against Mr Jefferies by the Regional Council. I shall refer to this proceeding as the “judicial review proceeding”.
[3] In the second proceeding, headed “Statement of Claim for Injunction” Mr Jefferies sues the Regional Council and Luke Cunningham & Clere in relation to the way they have conducted litigation that has resulted in various judgments against Mr Jefferies, culminating in a decision of the Court of Appeal delivered on
12 February 2014.1 I shall refer to this proceeding as the “injunction proceeding”.
[4] I have concluded Mr Jefferies’ proceedings must be struck out because they:2
(1) disclose no reasonably arguable cause of action; (2) are frivolous; and
(3) are an abuse of the process of this Court.
[5] In reaching this conclusion I have applied the principles governing strike-out applications explained by the Court of Appeal in Attorney-General v Prince3 and endorsed by the Supreme Court in Couch v Attorney-General:4
(1) Pleaded facts, whether or not admitted, are assumed to be true. This does not extend to pleaded allegations which are entirely speculative
and without foundation.
1 Jefferies v Wellington Regional Council [2014] NZCA 15.
2 High Court Rules, r 15.1(1).
3 Attorney-General v Prince [1998] 1 NZLR 262 (CA).
4 Couch v Attorney-General [2008] NZSC 45, [2008] 3 NZLR 725 at [33].
(2) The cause of action must be clearly untenable.
(3) The jurisdiction to strike out is to be exercised sparingly and only in clear cases.
(4) The jurisdiction to strike out is not excluded by the need to decide difficult questions of law requiring extensive argument.
(5) The Court should be particularly slow to strike out a claim in any developing area of law, particularly where a duty of care is alleged in a new situation.
Background
[6] In February 2002 Mr Jefferies purchased a block of land within the boundaries of the Regional Council and the City Council. The Mangaroa River flows through a portion of…
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- Case
- [2014] NZHC 916
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CaseChat Overview and Summary
The court found that Mr Jefferies' claims were without merit and constituted an abuse of process. The judicial review proceeding alleged that the Regional Council failed to provide flood protection and river maintenance services, that the charges against Mr Jefferies should never have been laid, that the Regional Council was liable for negligence, and that the City Council breached an agreement concerning watercourses. The injunction proceeding alleged that the Regional Council and Luke Cunningham & Clere misrepresented the status of the Mangaroa River as it passed through Mr Jefferies' land. The court determined that these claims disclosed no reasonably arguable cause of action, were frivolous, and were an abuse of the court's process. The court found the claims to be untenable and not deserving of further judicial consideration.
In conclusion, the court ordered that both sets of proceedings initiated by Mr Jefferies be struck out. The Wellington Regional Council and the Upper Hutt City Council were each awarded costs on a scale 2B basis, while no award was made in favour of Luke Cunningham & Clere. The decision effectively dismissed Mr Jefferies' legal challenges and reinforced the courts' reluctance to interfere with prosecutorial decisions and the finality of judicial decisions.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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