Craig v Williams strike out attempt fails

This is another chapter in the widening litigation after Colin Craig was attacked via Whale Oil and Craig retaliated via a media conference and a nationwide mail-out of a pamphlet.

Craig is counter claiming defamation against Jordan Williams in a parallel case to the original claim Williams made against Craig.

Williams v Craig

Williams took Craig to court for defamation. Williams won and was awarded a record amount by a jury. However this was overturned by the judge. Wrangling on this case recently got as far as the Supreme Court, and remains unresolved.

Craig v Williams

Meanwhile, Craig also later filed separately for defamation against Williams.

This differs from the Craig v Slater v Craig claim and counter-claim which were heard at the same time (early last year, still no judgment).

Earlier this year Williams applied to the High Court for:

(a) striking out the plaintiff’s (Mr Craig’s) claim as an abuse of process;

(b) if the proceeding is not struck out, transferring the proceeding to the Wellington Registry of the Court; and

(c) if the proceeding is not struck out, ordering Mr Craig to provide security for Mr Williams’ costs

Williams partially succeeded but largely failed.

The claims made by Mr Craig

[4] On 29 May 2017, Mr Craig filed this proceeding (“the Craig proceeding”) against Mr Williams, alleging that Mr Williams made defamatory statements about Mr Craig in the period between 26 May 2015 and 26 June 2015.

[5] Mr Craig’s statement of claim pleads six separate causes of action, each relating to statements allegedly published by Mr Williams.

Conclusions on the strike-out application:

[99] In my view, the issue of whether Mr Craig sexually harassed Ms MacGregor (by means falling short of sexual assault) has been conclusively determined against him in the Williams proceeding.

The causes of action and parts of causes of action that argued whether Mr Craig sexually harassed Ms MacGregor were all struck out.

[128] The pleaded meaning that Mr Craig had sexually harassed Ms MacGregor will be struck out, for the reasons discussed earlier.

But other parts of five of the six claims were allowed to stand. Craig was directed to file and serve an amended statement of claim.

[129] I do not consider there is a sufficient basis to strike out the other pleaded meanings, both of which are concerned with sexual harassment of women other than Ms MacGregor.

Williams also asked that the proceedings be struck out due to the existence of other proceedings. This was declined.

[159] Mr Williams points to numerous Court proceedings Mr Craig has now filed against a number of parties, including Mr Slater, Ms MacGregor, and Mr Stringer. It appears that all of these claims relate broadly to the same series of events in 2015.

[160] I do not think I can make anything of these other claims in the context of the present application. I did not receive any detailed submissions on the nature of the other claims, and I have no basis for finding that they were unnecessary or improper, or otherwise an abuse of the Court’s process. I am dealing here with a strike-out application in respect of this one proceeding, and I think it would be dangerous to conclude from the fact that there are a number of other proceedings commenced by Mr Craig that this proceeding was commenced for an improper collateral purpose, or was otherwise an abuse of the Court process. I decline to strike out the Craig proceeding on the basis of the existence of these other proceedings.

Williams also applied for an order for security of costs. This was dismissed.

Williams also applied for an order transferring the proceeding to the Wellington registry of the Court (from Auckland). This was dismissed.

Craig has failed to re-litigate findings that he sexually harassed MacGregor, but otherwise he successfully opposed Williams applications.

So this means that as well as Williams versus Craig continuing on it’s way through the courts, Craig versus Williams is now also able to proceed.

Full judgment here

 

Leave a comment

6 Comments

  1. Tipene

     /  October 23, 2018

    There is already a lot of information in the public domain regarding claims that Williams made about Craig that were shown not to be true.

    This being the case, it would make sense for Williams to propose a settlement with Craig and dispense with the Hearing.

    Reply
    • High Flying Duck

       /  October 23, 2018

      Just remember, in contradiction to your many posts on this matter:

      ” In my view, the issue of whether Mr Craig sexually harassed Ms MacGregor (by means falling short of sexual assault) has been conclusively determined against him in the Williams proceeding.”

      Reply
      • Gezza

         /  October 23, 2018

        I’m confused. All these different claims and counter claims now hurt my brain trying to follow so I just don’t bother and look forward to hearing at any appropriate milestones who owes who how much at the moment.

        Reply
  2. Tipene

     /  October 23, 2018

    High Flying Duck: I strongly suspect that this massive judicial over-reach (masquerading as a legitimate opinion) will be appealed.

    Reply

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