Dovey Property Holdings Limited – Orokawa 3B Part Lot 8 DP41892 (2013) 57 Taitokerau MB 75 (57 TTK 75) [pdf, 126 KB]
...prevent a party from obtaining by the use of its process a collateral advantage which it would be unjust for him to retain. He noted that termination of process (by a discontinuance) can, like any other step in the process, be so used, and that service of a notice of discontinuance without leave, even though it complied with the Rules, can be an abuse of the process of the court. He stated as follows: “A sensible test is that which both the Judge and Lord Denning M.R. applied...