Judge refuses to entertain vexatious litigant's claims

JOHN EDENS IN QUEENSTOWN
Last updated 14:11 14/12/2011

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The High Court has dismissed applications by a Queenstown man who wants to sue the Queen, the Government, solicitors and 70 other parties for $27 million.

David Stanley Heenan was ruled a vexatious litigant by a full court of the High Court in Christchurch two years ago.

After a decade of litigation, he was ordered not to start or continue any civil proceedings and subsequent appeals against the decision were upheld by the Court of Appeal and the Supreme Court.

Heenan was a party to many proceedings since April 2000 pursuing essentially the same arguments.

Cases have their origins in a claim brought against Da Vella Gore, of Queenstown.

Mr Heenan did not accept a judgment of Alexandra District Court, when the judge ordered a repayment to Ms Gore of investment money, plus interest, solicited from her by cheque.

In the latest proceedings in the High Court in Christchurch, Justice Christian Whata heard 11 applications by Heenan to strike out previous judgments.

He sought leave to annul court rulings, variously called corrupt or "mimicked" and asked for the right to sue Her Majesty, the attorney-general, the Government and "70-odd scurrilous scoundrels" for compensation.

He wanted to sue "some judges, 25 solicitors and official assignees and 70 odd agents in the sum of $26,903,415" and applied to strike off solicitors for obstruction, perversion of justice and contempt of court.

The judge said most of the applications were outrageous.

"Mr Heenan's allegations are simply bald assertions with little of substance cited to support them.

"It is not the role of this court to reframe allegations of judicial corruption, mimicry and fraud to make them more palatable.

"Moreover, I would not be prepared to grant leave to Mr Heenan to make such spurious and groundless allegations."

Applications to establish the status of two family trusts relating to the ownership of property and vintage cars were "more conventional." The judge directed the Public Trust to report how funds were distributed and any proposal to distribute the balance.

Leave to start proceedings was reserved pending information from the Public Trust.

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