STEWART ROBERT COULSON AND ANDREW LANCE KIBBLEWHITE NOEL DOUGLAS COCURULLO

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).

CaseChat Overview and Summary

The High Court of New Zealand was presented with a case involving Stewart Robert Coulson, who brought claims against Andrew Lance Kibblewhite and Noel Douglas Cocurullo. The nature of the dispute was a claim for judicial review against decisions made by District Court Judges, which Coulson deemed to be an abuse of the court's process. The proceeding was heard on the papers and the judgment was delivered on 10 October 2024.

The legal issues at hand involved the interpretation and application of Rule 5.35A(3)(a) of the High Court Rules 2016, which pertains to the referral of proceedings deemed to be plainly an abuse of the court's process. The court had to determine whether Coulson's claims constituted such an abuse. Additionally, the court had to consider whether the proceeding should be struck out under Rules 5.35B and 15.1 of the High Court Rules, given that similar derivative claims were previously struck out by the same judge.

The court reasoned that Coulson's claims were indeed an abuse of the court's process, as they were derivative and repetitive, lacking merit. The decision referenced a prior judgment where similar claims were struck out, reinforcing the conclusion that the current proceeding also amounted to an abuse. As a result, the court struck out Coulson's statement of claim and dismissed the proceeding. The court emphasised that Coulson had the right to appeal the decision within 20 working days, as per the rules governing appeals to the Court of Appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established