Exasperated judges say no more lawsuits

An undischarged bankrupt who brought a "plethora" of court cases over the years in a bid to have his bankruptcy overturned has been declared a "vexatious litigant".

A two-judge bench of the High Court at Christchurch ordered that David Stanley Heenan not be allowed to start any more court action without permission.

In their reserved judgment, Chief High Court Judge Tony Randerson and Justice Hugh Williams said they had no doubt that the proceedings Heenan brought "thoroughly deserve to be described as vexatious".

They included what the judges said were extravagant and baseless allegations against a number of people including judges.

"The resources of the judicial system should no longer be squandered on him," they said. "Nor should the opponents to his litigation be any further harassed."

Heenan was adjudged bankrupt in December 2000 when judgment was entered against him in Alexandra District Court over a dishonoured $20,000 cheque. He always maintained that the date on the cheque had been fraudulently altered.

A court-appointed lawyer said Heenan had brought the proceedings out of a genuine sense of grievance. Issues relating to the cheque, he said, had not been properly explored and there were reasonable grounds for the proceedings Heenan started.

In a statement of claim, the Attorney-General said there were 13 separate proceedings instituted by Heenan or his family trusts relating to the dishonoured cheque and Heenan's subsequent bankruptcy, a Queenstown property that was sold in a mortgagee sale, and three vintage cars.

The judges noted that nine years after his insolvency hearing, Heenan was still an undischarged bankrupt.

- NZPA