Motu v Rapihana - Pukepoto 8B15B3B Residue (2022) 256 Taitokerau MB 150 (256 TTK 150) [pdf, 242 KB]
...plaintiff must also be determined. Before an assessment can be made the plaintiff must satisfy the Court that the claim is neither frivolous nor vexatious and that there is a serious question to be tried, with a further consideration being the overall justice of the case.2 The general approach to determining whether there is a serious question to be tried was that set out in Henry Roach (Petroleum) Pty Ltd:3 In order to determine whether there is a serious issue to be tried it is n...