New Zealand Edition (27 October 2026)

Send us Fan Mail The Petal's New Zealand edition for Tuesday 27 October 2026 carries 8 decisions newly reported from the Supreme Court, the Court of Appeal and the High Court, and all eight are aired. The thread is using the court's process for what it's for: when a hopeless proceeding is plainly an abuse of process and when it is merely hopeless; a judicial conduct complaint used to reopen an old claim; the reach of Court of Appeal leave; a court-ordered sale that turns a disputed mortgage into a trust fund; recalling an accused to the witness box; and credit for electronically monitored bail. Practice and Procedure Desk (lead). Ora Ora Titles Private Trust v ANZ Bank New Zealand Limited [2026] NZCA 507 - under the own-initiative strike-out power (s 164B of the Senior Courts Act 2016), a proceeding is plainly an abuse of process where it uses the court process for a purpose or in a way significantly different from its ordinary and proper use, clear beyond doubt from the claim; lack of merit, or a remediable defect of form, is not enough; a pseudo-law admiralty claim over a mortgage of land disclosed no cause of action and was abusive. Appeal dismissed (Mallon, Peters and Tracey Walker JJ, 20 October 2026). JADE Heinrich v Misiuk [2026] NZCA 504 - an unmeritorious or legally untenable appeal is not, for that reason alone, plainly an abuse of process; because s 164B strike-out may occur without hearing the filing party, more than lack of merit is required. Strike-out of an appeal against the refusal of habeas corpus declined; the father substituted as appellant; the appeal continues (Palmer J, 19 October 2026). JADE Kaye v Judicial Conduct Commissioner [2026] NZSC 161 - a proposed appeal whose object is to collaterally challenge earlier final decisions of the Court is an abuse of process and leave must be declined (Hunter v Chief Constable of the West Midlands Police applied); the relief sought showed the aim was to reopen a negligence claim; in any event the leave criteria (s 74 of the Senior Courts Act 2016) were not met. Leave dismissed (Williams and Cooke JJ, 27 October 2026). JADE Karmarkar v Rajsic [2026] NZCA 513 - the Court of Appeal's jurisdiction to grant leave for a second appeal (s 60(2) of the Senior Courts Act 2016) arises only after the High Court refuses leave and extends only to the issues in the High Court leave decision; a second appeal is not general error correction, and the question must be capable of bona fide and serious argument and important enough to outweigh the cost and delay. Leave declined (Courtney and Mallon JJ, 23 October 2026). JADE Commercial Law Desk . Dalton v Coluccio [2026] NZHC 3056 - a liquidator, as agent of the company, has standing to apply under s 107 of the Property Law Act 2007; s 108 confers a broad, overriding and unfettered discretion to direct a sale over a mortgagee's opposition on conditions, including a sale under an existing agreement with the disputed balance held on trust in substitution for the security; such an order is not final relief; the high degree of assurance for mandatory interim relief was met; obiter on clogging the equity of redemption. Interim orders granted; the amount owed remains to be resolved (Tracey Walker J, 5 October 2026). JADE Criminal Law Desk . Wilson v The King [2026] NZSC 162 - reported as legal doctrine only. Whether an accused should be recalled to give further evidence depends on whether recall is in the interests of justice (s 99(1) of the Evidence Act 2006), a highly case-specific b