| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA556/2019 [2022] NZCA 262 |
| BETWEEN | VINCENT ROSS SIEMER |
| AND | COMPLETE CONSTRUCTION LIMITED |
| CA72/2020 | ||
| BETWEEN | VINCENT ROSS SIEMER | |
| AND | ATTORNEY-GENERAL | |
| CA86/2021 | ||
| BETWEEN | VINCENT ROSS SIEMER | |
| AND | REGISTRAR OF THE SUPREME COURT | |
| Hearing: | 20 October 2021 |
Court: | Gilbert, Courtney and Goddard JJ |
Counsel: | Appellant in Person for CA556/2019 |
Judgment: | 22 June 2022 at 11.30 am |
JUDGMENT OF THE COURT
AThe appeal in CA72/2020 is allowed.
BWe order that Siemer v Auckland High Court [2019] NZHC 3393 is set aside.
CThe appellant in CA72/2020 is entitled to costs for a standard appeal on a band A basis and usual disbursements.
DThe appeal in CA86/2021 is allowed in part. The matter is remitted to the High Court for reconsideration.
EWe order that the order made in the High Court minute of 12 February 2021 is set aside.
FWe make no order as to costs in CA86/2021. However, the appellant is entitled to usual disbursements.
GThe appeal in CA556/2019 is allowed.
HThe appellant’s application to set aside the bankruptcy notice is remitted to the High Court for hearing.
The costs order in the High Court is set aside.
JWe make no order for costs in CA556/2019. However, the appellant is entitled to usual disbursements.
_____________________________________________________
REASONS OF THE COURT
(Given by Courtney J)
Table of Contents
| Para No. | |
| Introduction | [1] |
| The effect of the Senior Courts Act on s 88B orders | |
| The relevant statutory provisions | [6] |
| Divergent views on the effect of the transitional provision | [9] |
| The effect of the transitional provision on a s 88B order | [19] |
| Siemer v Attorney-General (CA72/2020) | |
| The High Court decision | [32] |
| Appeal | [37] |
| Siemer v Registrar of the Supreme Court (CA86/2021) | |
| The issues | [40] |
| Appeal | [44] |
| Siemer v Complete Construction Ltd (CA556/2019) | |
| The case in the High Court | [51] |
| Appeal | [57] |
| Results | [73] |
Introduction
These three appeals raise questions about how the transitional provisions of the Senior Courts Act 2016 (SCA) affect civil restraint orders made under the (now repealed) s 88B of the Judicature Act 1908.[1]
[1]Repealed as from 1 March 2017 by Senior Courts Act 2016, s 182(2).
The SCA came into force on 1 March 2017. Sections 166–168 replaced the provisions of s 88B of the Judicature Act with a new regime for the civil restraint of vexatious litigants. Under the new regime indefinite orders can no longer be made. Orders restricting a person from commencing or continuing civil proceedings are now limited to either a period of up to three years or a period not exceeding five years if the Judge is satisfied that there are exceptional circumstances justifying the longer period.[2] The SCA contains transitional provisions for orders made under…
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- AGLC
- Siemer v Complete Construction Limited [2022] NZCA 262
- Case
- [2022] NZCA 262
- Decision Date
CaseChat Overview and Summary
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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Legal Principle Established
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