Telecom Corporation of New Zealand Ltd v Clear Communications Ltd - [1992] 3 NZLR 247

Commercial law — Commerce Art — Constant use of legal proceedings — Whether this amounted to an abuse of dominant position — Whether counterclaim alleging this disclosed a reasonable cause of action — Whether counterclaim should be struck out — Commerce Art 1986, s 36 - High Court Rules, R 186(a).

Practice and procedure — Striking out proceedings — Counterclaim — Whether there was a reasonable cause of action — Whether a prospect of success — High Court Rules, R 186(a).

Practice and procedure — Jurisdiction — Whether Court had jurisdiction to sever a claim from a counterclaim and stay all further action in respect of the counterclaim pending the hearing of the claim — High Court Rules, R 151.