IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CIV 2014-485-11404 [2015] NZHC 714
UNDER the Judicature Amendment Act 1972 and
s 27(2) of the New Zealand Bill of Rights
Act 1990IN THE MATTER
of an application for judicial review under s 16 of the Judicial Conduct
Commissioner and Judicial Panel
Act 2004
BETWEEN
MALCOLM EDWARD RABSON Plaintiff
AND
JUDICIAL CONDUCT COMMISSIONER
First Defendant
AND
AILSA DUFFY Second Defendant
Hearing: 13 March 2015 Counsel:
L Theron for First Defendant
No Appearance for Plaintiff
No Appearance for Second Defendant (abiding outcome)Judgment:
15 April 2015
JUDGMENT OF BROWN J
[1] The plaintiff seeks judicial review of the failure by the first defendant to notify the second defendant, in accordance with s 14(1) of the Judicial Conduct Commissioner and Judicial Panel Act 2004 (the Act), of a complaint alleging judicial misconduct by the second defendant. The first defendant applies to strike out the proceeding on the grounds that it is frivolous, vexatious or otherwise an abuse of the
Court’s process. The second defendant abides the decision of the Court.
RABSON v JUDICIAL CONDUCT COMMISSIONER [2015] NZHC 714 [15 April 2015]
[2] There was no appearance for the plaintiff at the hearing. However the plaintiff sent to the Court in advance of the hearing written submissions in opposition to the strike out application which were stated to be “In Lieu of Appearance”.
Factual background
[3] The context to the proceeding and the strike out application is an application made by Mr V R Siemer in the High Court at Auckland for leave to commence a proceeding against the first and second defendants. That application was declined by Ellis J in a judgment dated 31 October 2014 in which the substantive parts of the proposed statement of claim are recited.1
[4] It is convenient for the purposes of this judgment to juxtapose various allegations in Mr Siemer’s proposed claim with the claim now brought by the
plaintiff:
By letter dated 13 December 2013 (the
complaint), the plaintiff lodged a complaint with the first defendant
alleging the second defendant
committed judicial misconduct in covering up counsel misfeasance, then issued a “reserved decision” which did not provide reasons.
By letter dated 13 December 2013 (“the
complaint”), the First defendant
received a complaint alleging the Second defendant committed judicial misconduct in covering up counsel misfeasance, then issued a “reserved decision” which did not provide reasons.
Under s 14(1) of the Judicial Conduct Commissioner and Judicial Panel Act 2004 (the Act), the first defendant was legally required to send a written acknowledgement to the plaintiff AND a written notification of the complaint to the second defendant.
Under section 14(1) of the Judicial Conduct Commissioner and Judicial Panel Act 2004 (“the Act”), the First defendant was legally required to send a written acknowledgement to the complainant AND a written notification of the complaint to the Second Defendant.
The first defendant sent an acknowledgement to the plaintiff as required by the Act.
The First Defendant…
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- Case
- [2015] NZHC 714
- Decision Date
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