Court of Appeal Strikes Out Appeal as Abuse of Process

Strategic Insights -

In a decision handed down on 24 April 2024, the Court of Appeal of New Zealand struck out the appeal of Nicholas Hill, a litigant, for being an abuse of the process of the court. Hill had brought proceedings under the Judicial Review Procedure Act 2016, alleging a range of grievances against the Auckland First Respondent and the Crown Representative. The appeal was struck out due to the lack of arguable grounds for appeal and the failure of Hill to identify any error in the reasoning of the lower court. The court found that Hill's submissions were unhelpful and failed to address the issue of strike out.

Key Takeaways:

  • The Court of Appeal struck out Nicholas Hill's appeal for being an abuse of the process of the court.
  • The appeal was brought under the Judicial Review Procedure Act 2016, alleging a range of grievances against the Auckland First Respondent and the Crown Representative.
  • The court found that Hill's notice of appeal did not identify an arguable ground of appeal and failed to address the issue of strike out.
  • Hill's written submissions were deemed unhelpful and did not shed light on his grounds of appeal.
  • The court relied on Rule 44A of the Court of Appeal (Civil) Rules 2005 to strike out the appeal.
  • The rule states that the court may strike out an appeal if it is frivolous, vexatious, or otherwise an abuse of the process of the court.
  • The court gave Hill 10 working days' prior notice of its intention to consider making an order striking out the appeal.
  • The court struck out the notice of appeal dated 9 August 2023.

Statistics:

  • 279 pages of documents were filed by Hill in support of his appeal.
  • 21 July 2023 is the date of the original judgment ordering the proceeding to be struck out.
  • 9 August 2023 is the date on which Hill filed his notice of appeal.
  • 4 October 2023 is the date on which Miller J made the direction in respect of the appeal.
  • 26 October 2023 is the date on which Hill filed his written submissions.
  • 2 August 2023 is the date of the notice of appeal that was struck out.

Sources:

  • [2024] NZCA 132
  • IN THE COURT OF APPEAL OF NEW ZEALAND CA457/2023
  • Judicial Review Procedure Act 2016
  • High Court Rules 2016
  • Court of Appeal (Civil) Rules 2005