Derrick v Attorney-General - [1994] 1 NZLR 112

Courts — Judicial immunity — Action against District Court Judge for false imprisonment and negligence — Plaintiff committed to prison for non-payment of fines — Allegation that statutory criteria for warrant of committal lacking — Application to strike out claim for disclosing no reasonable cause of action — Whether District Court Judge had exceeded jurisdiction or acted without jurisdiction — Whether District Court Judge entitled to immunity from suit — Summary Proceedings Act 1957, ss 106E and 193.

Courts — Judicial immunity — Action against District Court Registrar (Deputy Registrar) for damages for false imprisonment and negligence — Outstanding fines — Referral of file by Registrar to District Court Judge — Plaintiff committed to prison for non-payment of fines — Allegation that Registrar had no jurisdiction to refer file to District Court Judge — Application to strike out claim for disclosing no reasonable cause of action — Whether Registrar acting administratively — Whether Registrar entitled to judicial immunity from suit — Whether Crown entitled to immunity in respect of Registrar's acts — Summary Proceedings Act 1957, s 88(1)(c) - Crown Proceedings Act 1950, s 6(5).