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Mawhinney v Auckland Council - [2021] 3 NZLR 519

$30.00

Court of Appeal Wellington
CA132/2019
30 September 2020; 29 April 2021
Brown , Gilbert and Katz JJ
Procedure — Vexatious litigant — Two stage approach of whether litigation qualified and whether an order is justified — Whether litigation ‘‘totally without merit” means “bound to fail” — Totally has qualitative and a quantitative dimension — Whether exceptional circumstances justifying five year order — Need for particulars — Senior Courts Act 2016, s 166 — Discretion — Procedure — View of Judge considering s 166 order — Not the view of the Judge who determined the proceedings — Correctness of judgments not the issue.

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