Feltex Class Action Dead Again

In Houghton & anor v Saunders & ors [2025] NZHC 108 the High Court (Skelton AJ) refused to reinstate the Feltex class action proceedings filed in 2008 that the High Court previously struck out in 2020 for non-compliance with an unless order about security for costs.  The Court of Appeal (2020) and Supreme Court (2021) had previously declined to reinstate the proceeding.  In May 2024 Mr Houghton filed an application to reinstate the proceedings.  The Court applied the principles from SM v LFDB [2014] NZCA 326.  It held that the Court of Appeal had previously fully considered reinstatement in 2020 so the new application was an abuse of process.  Additionally, it was not in the interests of justice to revive/reinstate the proceeding.  Relevant events occurred in 2004.  Security had not been paid.