Anderson v Registrar-General of Land at Linz

[2024] NZHC 2246

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CIV-2024-412-96

[2024] NZHC 2246

BETWEEN

STEPHEN GILBERT ANDERSON

Applicant

AND

REGISTRAR-GENERAL OF LAND AT LINZ

ATTORNEY-GENERAL

Respondents

Hearing:	On the papers
Appearances:	Applicant in person
Judgment:	12 August 2024

JUDGMENT OF DUNNINGHAM J

This judgment was delivered by me on 12 August 2024 at 11 am, pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

ANDERSON v REGISTRAR-GENERAL OF LAND AT LINZ [2024] NZHC 2246 [12 August 2024]

[1]        This proceeding  have  been  referred  to  me  by  Registry  staff  pursuant  to r 5.35A(3) of the High Court Rules 2016. That rule provides as follows:

5.35A Registrar may refer plainly abusive proceeding to Judge before service

…

(3)However, the Registrar may,—

(a)as soon as practicable after accepting the proceeding for filing, refer it to a Judge for consideration under rule 5.35B; and

(b)until a Judge has considered the proceeding under that rule, decline to sign and release the notice of proceeding and attached memorandum for the plaintiff or the applicant (as appropriate) to serve the proceeding.

[2]        If I am satisfied that the proceeding is plainly an abuse of the process of the Court, I have the following powers under r 5.35B(2).

5.35B Judge’s powers to make orders and give directions before service

…

(2)The Judge may, on his or her own initiative, make an order or give directions to ensure that the proceeding is disposed of or, as the case may be, proceeds in a way that complies with these rules, including (without limitation) an order under rule 15.1 that—

(a)the proceeding be struck out:

(b)the proceeding be stayed until further order:

(c)documents for service be kept by the court and not be served until the stay is lifted:

(d)no application to lift the stay be heard until the person who filed the proceeding files further documents as specified in the order (for example, an amended statement of claim or particulars of claim).

…

[3]        The present proceeding is brought by Mr Stephen Anderson. It is described as an “application to clarify the legal liabilities of the Registrar-General of Land at LINZ and the Attorney-General of New Zealand regarding their duties resulting from the wrongful transfer of land titles in the Otago Registry.”

[4]        On reading the application, it relates to matters Mr Anderson has exhaustively traversed before the Courts in earlier proceedings, based on his belief that his former family farm was wrongfully sold at mortgagee sale in 1988. Those proceedings have all been determined against him.

[5]        In this regard, I need only refer to the  Supreme Court’s judgment dated      31 May 2023, where the Court, in declining an application for leave to appeal, briefly set out the history of the litigation Mr Anderson had brought on this issue, and concluded as follows:1

The 1988 mortgagee sale (under a properly served second demand) was not challenged at the time. The 1999 judgment struck out of a later challenge to that mortgagee sale. The 1999 judgment was not appealed at that time. … The land was acquired by a bone fide third – party purchaser 35 years ago, in 1988. The 1999 proceedings were struck out, rather than discontinued, and any appeal therefrom is long out of time.

[6]        I am satisfied that there is, therefore, no possibility of a finding that the transfer of the titles as a consequence of the mortgagee sale of Mr Anderson’s family farm, was invalid or unlawful in any way. This proceeding is, therefore, a collateral attack on the finality of earlier judgments and so plainly an abuse of the Court’s processes.

[7]        Accordingly, pursuant to r 5.35B(2)(a), I strike this proceeding out. Pursuant to r 535B(3) I notify the applicant of his right to appeal this decision. Any such appeal must be filed within 20 working days of this decision.

Copy to:
Mr Anderson

1      Anderson v NZI International Acceptances Ltd [2023] NZSC 64.