P v Bridgecorp Limited (in receivership and in liquidation) - SC 87/2012

Summary

Civil Appeal – evidence – contractual capacity – abuse of process – jurisdiction – discovery – conflict of interest – Whether the Court of Appeal erred by failing to give adequate weight to the full or overall tenor of medical evidence, the context of the report writers’ briefs and the reasons for adducing these reports – Whether the Court of Appeal failed to determine the level of the applicant’s mental illness and its impact on the applicant’s contractual capacity – Whether the Court of Appeal erred in determining that the application was an abuse of process – Whether the Court of Appeal erred in dismissing the application for particular discovery – Whether the Court of Appeal erred in declining leave to withdraw the admission of claim under r 15.16 of the High Court  Rules – Whether the Court of Appeal applied insufficient weight to evidence of email correspondence as indicating that the applicant was self-represented – Whether the Court of Appeal applied insufficient weight to the existence of a conflict of interest on the part of Mr Cunningham – Whether the Court of Appeal erred by focusing on economic pressure and on a test of illegitimacy in relation to any threat for unreasonable pressure.[2012] NZCA 530    CA 756/2011

Additional Information

Leave to appeal is granted on the following ground:

Was r 15.16 of the High Court Rules correctly applied?

15 March 2013.