| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA186/2024 [2024] NZCA 675 |
| BETWEEN | LYNETTE JOY MILLS |
| CARL JAMES PETERSON Second Applicant | |
| THE PETERSON/MILLS PARTNERSHIP Third Applicant | |
| AND | KELLY DALZELL |
| TRACY HOWARD LEVENBACH (deceased) Second Respondent | |
| ASB BANK LIMITED Third Respondent | |
| GRAHAM HOWARD MILLS Fourth Respondent | |
| JOHN LEVENBACH Fifth Respondent | |
| CAROL KRAMMER Sixth Respondent | |
| HOLLAND BECKETT LAW Seventh Respondent | |
| MINTERELLISONRUDDWATTS Eighth Respondent | |
| MORGAN COAKLE LAWYERS Ninth Respondent | |
| ASSOCIATE JUDGE JOHNSTON Tenth Respondent | |
| JEREMY RUSSELL SPARROW Eleventh Respondent | |
| SEBASTIAN THOMAS HARTLEY Twelfth Respondent | |
| STACEY LEE MICHELSEN Thirteenth Respondent | |
| SEAN CHRISTOPHER DAVID ALBERT GOLLIN Fourteenth Respondent | |
| BRIAR RENEE WEBSTER Fifteenth Respondent | |
| KIRSTY BRONWYN PERRETT Sixteenth Respondent | |
| WALDO ABRIE Seventeenth Respondent |
| CA318/2024 | ||
| BETWEEN | LYNETTE JOY MILLS | |
| AND | GRAHAM HOWARD MILLS | |
| Court: | Courtney and Cooke JJ |
Counsel: | Applicants in person |
Judgment: | 17 December 2024 at 3.30 pm |
JUDGMENT OF THE COURT
A We strike out the proposed appeal CA186/2024 for want of jurisdiction.
BIf the applicants file any applications in this Court in relation to [2022] NZHC 581, the registry is directed to refer them to a Judge of this Court for directions before the respondents are required to file any response to them.
CThe application for an extension of time for CA318/2024 is declined.
D The applicants in CA186/2024 together must pay indemnity costs and usual disbursements to: (1) the 1st, 3rd, 8th, 13th and 14th respondents (2) the 4th, 7th, 11th and 12th respondents and (3) the 5th, 6th, 9th, 15th, 16th and 17th respondents.
EThe applicant in CA318/2024 must pay the respondent indemnity costs in respect of both the r 29A application and the r 44A application and usual disbursements.
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REASONS OF THE COURT
(Given by Courtney J)
Introduction
These proposed appeals have their origins in a dispute between Ms Mills and Mr Peterson (Ms Mills’ current domestic and business partner) on the one hand, and Mr Mills (Ms Mills’ former domestic and business partner) on the other. The dispute arose from the parties’ attempt to agree on the distribution of Ms Mills and Mr Mills’ relationship property. It has led to a significant body of litigation brought by Ms Mills and Mr Peterson against Mr Mills and various staff of ASB Bank Ltd (ASB) and, latterly, lawyers acting for Mr Mills and ASB. One of the central themes in the litigation is whether Mr Mills, who took Ms Mills’ name during their relationship and continued to use it afterwards, acted fraudulently in doing so. This complaint, and the allegations based on it, have been consistently rejected by…
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- AGLC
- Mills v Dalzell [2024] NZCA 675
- Case
- [2024] NZCA 675
- Decision Date
CaseChat Overview and Summary
The Court found that the proposed appeal CA186/2024 was struck out for want of jurisdiction as it sought to relitigate issues that had been decided in previous proceedings and was an abuse of process. The Court noted that the appeal was not served on the respondents within the required time and that no application for an extension of time had been made. Despite one new allegation regarding the transfer of ETS interests, the Court concluded that the appeal was hopeless and an abuse of process. Therefore, the Court declined to grant an extension of time for the appeal in CA318/2024. The appeal in CA318/2024 was also found to be hopeless as it relied on claims that had been previously determined to be without merit.
The Court ordered that the applicants in CA186/2024 pay indemnity costs and usual disbursements to the respondents in groups based on their relationship to the parties involved. The applicant in CA318/2024 was ordered to pay indemnity costs in respect of both the r 29A application and the r 44A application, along with usual disbursements. The Court emphasized that the applicants' attempts to relitigate decided issues amounted to vexatious and frivolous conduct, justifying the award of indemnity costs.
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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