STEWART ROBERT COULSON AND ANDREW LANCE KIBBLEWHITE NOEL DOUGLAS COCURULLO
[2024] NZHC 2947
•10 October 2024
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2024-404-2480
[2024] NZHC 2947
BETWEEN STEWART ROBERT COULSON
Applicant
AND
ANDREW LANCE KIBBLEWHITE
First respondent
NOEL DOUGLAS COCURULLO
Second respondent
Hearing: On the papers Date of judgment:
10 October 2024
JUDGMENT OF JAGOSE J
This judgment was delivered by me on 10 October 2024 at 1.00pm.
Pursuant to Rule 11.5 of the High Court Rules.
………………………… Registrar/Deputy Registrar
Copy to:
Applicant
COULSON v KIBBLEWHITE [2024] NZHC 2947 [10 October 2024]
[1] Under r 5.35A(3)(a) of the High Court Rules 2016, the Registrar referred this proceeding to me as judicial review list Judge, for consideration if “plainly an abuse of the process of the court”.1
[2] I refer to my judgment of yesterday,2 striking out comparable derivative claims brought by Mr Coulson in anticipation of his success on his claim to judicial review of a decision of District Court Judge Collin. As now brought primarily in respect of the decision of a third District Court Judge also enforcing Judge Collin’s impugned decision,3 Mr Coulson’s claim in this proceeding is comparably abusive and will be struck out on the same grounds.4
Result
[3] Under rr 5.35B and 15.1, I strike out Mr Coulson’s statement of claim in this proceeding and dismiss the proceeding.
[4] Because that order is made without giving Mr Coulson opportunity to be heard, he has a right to appeal against my decision.5 As an appeal to the Court of Appeal as of right, for which the High Court Rules specify no time, any appeal must be brought within 20 working days after the date of this decision.6
—Jagose J
1 High Court Rules 2016, r 5.35B(1).
2 Coulson v The Family Court At Waihi & Ors [2024] NZHC 2929.
3 At [5(b)].
4 At [6].
5 High Court Rules, r 5.35B(3).
6 Court of Appeal (Civil) Rules 2005, r 29(1AA) and (1).
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