Re McNab

In the High Court of New Zealand, Venning J dismissed an application brought by Gordon Wallace Cameron McNab and Gabrielle Paulette Mathiesen. The application sought directions under section 66 of the Trustee Act 1956, challenging the actions of the Registrar/Sheriff of the High Court and the Official Assignee concerning the sale of property and bankruptcy proceedings. The application was struck out as an abuse of process due to its defective form and the substantive nature of the claims, which had already been addressed in previous judgments.

The primary legal issue was whether the application constituted an abuse of process by attempting to collaterally challenge previous judgments and the actions of the court and the Official Assignee. The application did not comply with the formal requirements of the High Court Rules, and the substantive claims sought to re-litigate matters that had already been decided. The court found that the application was plainly an abuse of process, as it sought to raise issues that had already been substantively dealt with in earlier judgments.

Venning J concluded that the application was devoid of merit and was an abuse of process. The application was struck out, and the applicants were reminded of their right to appeal the decision. The court found that the proceeding was totally without merit, as the issues raised had already been addressed in previous proceedings.