Litigant handed a lesson in manners
Clarence John Faloon appears to be a man who does not throw in the towel.
Although that approach is often viewed as a redeeming feature, it has led to Faloon being giving a legal dressing down by one of New Zealand’s most senior judges.
In a Court of Appeal judgment issued in May, the court’s top judge, Justice Stephen Kos, let Faloon know in no uncertain terms his behaviour was unacceptable.
Society needed an effective way to figure out disputes, otherwise there would be ‘‘anarchy’’, Kos said.
But there also had to be limits on that, otherwise ‘‘a different form of anarchy arises’’.
There were a range of principles to justice, including the loser in legal proceedings paying costs and the right to an appeal.
But the one most applicable to Faloon was cases coming to an end— finality.
‘‘Finality and Mr Faloon are, however, strangers to one another,’’ Kos said.
Faloon had filed 20 different court proceedings, leading to dozens of judgments.
The proceedings included allegations of patent infringements, trying to make Customs collect duty on imported hay tedders, lodging a caveat on land owned by Palmerston North Airport, attempting to set aside bankruptcy notices and challenging tax assessments.
A summary attached to Kos’ judgment shows Faloon has not fared well in his claims, with many struck out or dismissed.
His latest court action led to him being
‘‘Finality and Mr Faloon are, however, strangers to one another.’’
Justice Stephen Kos
made a restricted litigant, preventing him from launching proceedings to do with his bankruptcy or claimed interest in land near Palmerston North Airport. He appealed that order. Faloon’s written statement was tediously lengthy and offended almost every rule of pleading, possibly a result of him having an ‘‘incomplete legal education’’ 60 years ago, Kos said.
It was clear Faloon should have been made a restricted litigant, because he had taken proceedings ‘‘totally without merit’’.
‘‘It is as bad a case as this court has seen,’’ Kos said.