'Fundamental flaws' in $200k lawnmower incident claim

A long-running series of appeals in an unusual case appears to have run its course, following a hearing in the Court of Appeal yesterday morning.

Tim Cadogan. Photo: ODT files
Tim Cadogan. Photo: ODT files
Cromwell woman Georgina Rachelle originally filed a claim in the Alexandra District Court last year seeking damages of $200,000 from several respondents, including Central Otago Mayor Tim Cadogan and two council staff.

Court documents show the claim related to an incident in which Ms Rachelle’s lawnmower ran over a stone on the grass verge outside her property, launching the stone and causing it to damage the lawnmower and injure her leg.

The claim related to "humiliation, loss of dignity and injury to feelings" under the Human Rights Act and Property (Relationships) Act.

The claim was struck out by Judge Hunt on May 13 last year.

The judge concluded that Ms Rachelle’s claims suffered from "fundamental flaws", leaving no reasonable cause of action against any of the defendants.

An appeal to the High Court was rejected on June 12, as it was determined to be "an abuse of process".

An application to appeal to the Supreme Court was subsequently rejected on July 24.

A case summary from yesterday’s Court of Appeal hearing said Ms Rachelle had applied for additional time to appeal, despite filing that application 75 days late, on October 23 last year.

The court rejected her application, citing a "[lack] of any legal basis".

The report said, "No facts are pleaded that could conceivably entitle Ms Rachelle to the relief she claims ... It is difficult to see what relevance the Human Rights Act could have to the matters referred to in the claim. And the Property (Relationships) Act is plainly irrelevant.

"Thus the proposed appeal is ... hopeless. The respondents should not be put to the trouble and expense of responding to a hopeless appeal."

richard.davison@odt.co.nz

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