IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2016-404-000612 [2017] NZHC 1716
BETWEEN MARTIN VICTOR LYTTELTON
Plaintiff
AND
PAUL JOSEPH DAVISON QC First Defendant
AND
MINTER ELLISON RUDD WATTS Second Defendant
AND
AARON LLOYD Third Defendant
AND
CATHY QUINN Fourth Defendant
Hearing: 19-20 June 2017 Appearances:
Plaintiff in person
P Rzepecky and A Colgan for the First Defendant
S Grieve QC and M Harris for the Second, Third and Fourth
DefendantsJudgment:
24 July 2017
JUDGMENT OF NATION J
[1] On 8 April 2008, the plaintiff, Mr Lyttelton, drove to the residence of his former business partner, Mr Ord, armed with a knife, shotgun and cartridges. He fired the shotgun through the door, severely injuring Mr Ord’s partner who was holding the door on the other side trying to prevent his entry. In an ensuing struggle with Mr Ord, Mr Lyttelton fired a second shot and attempted to stab Mr Ord in the stomach area on three or four occasions. Mr Ord suffered a number of cuts to his
hands.
LYTTELTON v DAVISON [2017] NZHC 1716 [24 July 2017]
[2] Mr Lyttelton was subsequently arrested and charged with two counts of attempted murder and one of aggravated burglary. He engaged the second defendant, Minter Ellison, as solicitors. The third defendant, Mr Lloyd, was a solicitor with the firm who assisted in Mr Lyttelton’s defence. The fourth defendant, Ms Quinn, was a partner of Minter Ellison. They instructed the first defendant, Mr Davison QC, as counsel.
[3] On 12 November 2009, Mr Lyttelton pleaded guilty to one count of attempted murder, one of causing grievous bodily harm with intent to injure and one of aggravated burglary. On 31 March 2010, he was sentenced to five years and 11 months’ imprisonment. He was released on parole on 2 May 2011.
[4] In December 2012, Mr Lyttelton filed an appeal against his convictions. That appeal was heard in November 2014. On 19 December 2014, the Court of Appeal quashed his convictions on the basis Mr Lyttelton had pleaded guilty “under a self- induced mistake of law”, that he could deny having the necessary criminal intent, through a disputed facts hearing. A retrial was ordered.
[5] Mr Lyttelton was retried on the charges to which he had originally pleaded guilty. He was found guilty on all charges by a jury and convicted on 17 March
2016.
[6] On 30 March 2016, he commenced these proceedings.
[7] On 10 May 2016, Minter Ellison filed an application to strike out Mr
Lyttelton’s claim. On 16 May 2016, Mr Davison filed a similar application.
[8] On 18 May 2016, Mr Lyttelton was sentenced to seven years’ imprisonment
following his renewed convictions.
[9] The strike out applications were argued before me on 19 and 20 June 2017. [10] Mr Lyttelton represented himself in these proceedings. He was his own
advocate before the Court of Appeal and in judicial review proceedings before Katz J
and at his retrial. In the Court of Appeal, he gave his occupation as…
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- Lyttelton v Davison [2017] NZHC 1716
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- [2017] NZHC 1716
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