Christensen v Attorney-General

COURT OR TRIBUNAL

High Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

17/07/2020

LITIGATION TYPE

Access to Justice, Constitutional and Human Rights / State Accountability, Access to Justice

SUBJECT MATTER

Costs, Duty of Care, Strike out application

REVIEW TYPE

Judicial review

SUMMARY

(Lexis Catchwords & Digest)

Practice and procedure — Proceedings — Strike out proceedings — Abuse of process

Application for orders. Respondent claimed damages on grounds of public nuisance and negligence against Crown, relating to catastrophic likely effects of climate change. Crown sought to strike out respondent's proceedings and sought security for costs. Finding that respondent did not raise tenable pleadings Finding that pleadings would likely cause delay and was abuse of process. Finding that respondent was likely to case prejudice and delay to respondent. Application granted.

(Lexis Catchwords & Digest)

Practice and procedure — Costs — Costs orders — Successful party

Application for costs order. Applicant successfully struck out respondent's proceedings relating to climate change. Finding that respondent did not contest actual details of claimed costs. Finding that applicant submitted reasonable claim for costs considering nature of case. Finding that applicant entitled to 2B basis in terms of quantum claimed in relevant schedule. Application granted.

CASE DOCUMENTS

Christensen v Attorney-General [2020] NZHC 1872
Christensen v Attorney-General [2020] NZHC 2047