McNie v CAC2004 & Proude [2013] NZREADT 49 [pdf, 62 KB]
...and 113 of the Act. In particular, s.109(5) refers to it as “judicial proceeding”. Counsel for the second respondent maintains that it would be an abuse of process for us to permit the present appeal to be heard, because the complaint which forms the basis of the appeal has already been settled and the appellant has expressly agreed not to bring any further proceeding arising out of the settled claim against any person in any way directly or indirectly arising out of the claim. [8...