New Zealand Social Credit Political League Inc v O'Brien - [1984] 1 NZLR 84

Practice and procedure — Statement of claim — Alleged breach of professional duty — In 1972, on behalf of a client, solicitor had drawn and issued a statement of claim — Plaintiff (who had been the defendant in the 1972 proceedings) alleged that the solicitor had drawn and issued the 1972 statement of claim in breach of public duty, without a sufficient basis and without reasonable cause — Whether cause of action should be struck out.

Practice and procedure — Striking out pleadings — Inherent jurisdiction — Abuse of process — Plaintiff brought an action for malicious proceedings alleging substantially the same issues as had been the subject-matter of earlier defamation proceedings — Whether the malicious proceedings action should be struck out on the ground that it was an abuse of the process of the Court.