Access to justice is a human right, but there are limits said the Court of Appeal when facing yet another court hearing in a line of sixty court sittings triggered by a dispute over land owned by the Faloon family near Palmerston North airport.
Clarence Faloon took exception to a stream diversion created in 1977 as part of runway construction at Palmerston North airport. A family company owned land adjoining the airport. In the course of nineteen separate court proceedings variously involving Palmerston North airport, the Planning Tribunal, Lands, Inland Revenue and the bankruptcy courts Mr Faloon has been bankrupted and told enough is enough. The Court of Appeal dismissed his most recent court application, protesting a High Court order suspending for five years any further litigation. His continuing claims were an abuse of process and totally without merit, the court ruled. Finality and Mr Faloon are strangers to each other, the court said.
Civil justice operates under seven basic principles, said the Court of Appeal:
· Standing: Litigants must have a legitimate interest in the subject matter of dispute.
· Joinder: Everyone likely to be affected should take part.
· All-embracing: Everything in dispute must be brought together as one claim; claims cannot be litigated by instalment.
· Costs: Claimants who fail must contribute to the other side’s costs.
· Execution: A court judgment determines all issues before the court and must be implemented, unless appealed.
· Appeal: Generally, there is only one right of appeal; a further appeal is allowed, with court permission.
· Finality: Once all appeal rights are exhausted, a court ruling cannot be subverted by any collateral challenge litigating the same subject.
Faloon v. Planning Tribunal - Court of Appeal (19.05.20)
20.084