A (perhaps partially) complete list of Colin Craig’s recent litigation

There are some excellent summaries of the now-many Colin Craig cases.  I like this one and this one in particular.  This post is not those.  Instead, it aims to collate and recap the litigation purely from a legal perspective.  Fina

 

Disclaimers up the wazoo

Below is a list of cases available on legal databases (Westlaw NZ, LexisNexis NZ, and nzlii.org).  Any judgment only gives a small window into the case, and relying on judgments alone cannot give a complete picture.  There will be court minutes, non-published decisions, and jury verdicts (when it comes to defamation) that are not available publicly.  Even the best good-faith reconstruction from judgments may get aspects of the relationships and cases incorrect.  For that reason I am, of course, very happy to correct anything here.  In addition, links to the decisions are provided, and these should be favoured over any very brief summary in this post.  Any inaccuracy through brevity is regretted.

Not included is Mr Craig’s bid to be included in a televised election debate.

 

Colin Craig and Rachel MacGregor

Ms MacGregor brings a claim in the Human Rights Review Tribunal against Mr Craig for breaching the terms of a confidential settlement agreement.  Mr Craig brings a counterclaim seeking a declaration he had validly cancelled the settlement agreement.

• 27 November 2015 – MacGregor v Craig (application for witness summons) [2015] NZHRRT 51 – determination of Mr Craig’s application for witness summons.  Partially successful – summons issued compelling attendance but not production of documents.
• 2 March 2016 – MacGregor v Craig [2016] NZHRRT 6, (2016) 11 HRNZ 91 – substantive determination of Ms MacGregor’s claim against Mr Craig for breach of confidential settlement agreement.  MacGregor successful.  Damages awarded to Ms MacGregor.  Mr Craig’s counterclaim rejected.
• 21 June 2016 – MacGregor v Craig (rescission of confidentiality orders) [2016] NZHRRT 23 – Tribunal decision rescinding confidentiality orders in respect of its substantive decision, at the application of Ms MacGregor, opposed by Mr Craig.
• 7 September 2016 – MacGregor v Craig (limited extension of confidentiality orders) [2016] NZHRRT 30, (2016) 11 HRNZ 76 – application by Mr Craig that the confidentiality orders around the HRRT decision continue to operate to preserve fair trial rights for Mr Craig in defamation proceeding brought by Mr Williams.  Essentially unsuccessful.

Mr Craig sues Ms MacGregor in defamation and Ms MacGregor brings a counterclaim in defamation.

• 23 May 2018 – Craig v MacGregor [2018] NZHC 1172 – application for non-party discovery by Mr Craig in respect of documents held by Mr Taylor (Ms MacGregor’s counsellor).  Application declined.
• 24 September 2018 – two week trial before Hinton J commences.  Decision reserved.

 

Colin Craig and Jordan Williams

Mr Williams sues Mr Craig in defamation and Mr Craig brings a counterclaim in defamation.

• 29 June 2016 – Williams v Craig [2016] NZHC 1453 – application by Mr Craig for non-party discovery against Ms MacGregor in context of defending defamation claim by Mr Williams.  Mr Craig successful.
• 12 August 2016 – Williams v Craig [2016] NZHC 1876 – Mr Williams claim for costs against first second defendant (Heslop) for Mr Heslop’s abandoned application for summary judgment.  Court reserves costs until conclusion of proceedings.
• 30 September 2016 – jury verdict finding in favour of Mr Williams, awarding $1.27 million in damages.
• 19 October 2016 – Williams v Craig [2016] NZHC 2496, [2016] NZAR 1569 – reasons judgment of Katz J that Mr Craig’s defence of qualified privilege could be considered by the jury in defamation proceedings brought by Mr Williams.
• 12 April 2017 – Williams v Craig [2017] NZHC 724, [2017] 3 NZLR 215 – Mr Craig applies for setting aside of jury’s verdicts and damages award in defamation proceeding brought by Mr Williams against Mr Craig.  Mr Craig successful.  Damages award set aside. Verdict provisionally set aside if parties do not agree to Court substituting own view on damages.  [Parties do not agree.]
• 5 March 2018 – Williams v Craig [2018] NZCA 31, [2018] 3 NZLR 1 – appeal and cross-appeal by Mr Williams and Mr Craig relating to jury verdict, liability and Katz J’s rulings following verdict.  Mr Williams’ appeal partially successful resulting in confirmation of liability finding by jury.
• 4 July 2018 Craig v Williams [2018] NZSC 61 – Supreme Court grants leave to appeal to both Mr Craig and Mr Williams from Court of Appeal decision in [2018] NZCA 31. [Hearing before Supreme Court in September 2018.  Decision pending.]

Mr Craig sues Mr Williams in defamation (separate proceedings to the matters above).

• 26 September 2018 – Craig v Williams [2018] NZHC 2520 – Mr Williams applies for strike out of Mr Craig’s defamation claim against Mr Williams (defamation claim commenced 29 May 2017).  Mixed success for both parties.  Claim survives with substantial repleading.

See also claims below against Mr Williams and Social Media Consultants Ltd together.

 

Colin Craig and John Stringer

Mr Craig sues Mr Stringer in defamation.  Mr Stringer sues Mr Craig in defamation.  Mr Stringer also had a counterclaim but abandoned that due to his other separate defamation proceedings.

• 4 March 2016 – Craig v Stringer [2016] NZHC 362 – application by Mr Craig to strike out defence to defamation by Mr Stringer and counterclaim by Mr Stringer.  Mr Craig partially successful unsuccessful.  Mr Stringer given opportunity to remedy pleadings.  Stringer abandons counterclaim as already has separate defamation proceedings.
• 22 April 2016 – Craig v Stringer [2016] NZHC 768 – application by Mr Craig for non-party discovery from Vodafone.  Mr Craig unsuccessful.
• 22 August 2016 – Craig v Stringer [2016] NZHC 1956 – pre-trial decision determining a range of procedural issues  in defamation action brought by Mr Craig (discovery, amend pleadings, further interrogatories, strike out a defence).  Mixed success for each party.
• 23 November 2016 – Craig v Stringer [2016] NZHC 2808 – application by Mr Stringer seeking review of Associate Judge Matthews’ refusal to grant discovery orders sought, and application by Mr Stringer to have defamation case determined by jury.  Mixed success.  Discovery granted.  Trial to be judge-alone.
• 19 December 2017 – Craig v Stringer [2017] NZHC 3221 – application by Mr Stringer for recall of judgment granting orders by consent.  Mr Stringer succeeds in Court modifying its findings.  Ultimate verdict remains broadly in Mr Craig’s favour.

 

Colin Craig and Social Media Consultants Ltd & Jordan Williams

Mr Craig sues Social Media Consultants Ltd and Mr Williams for breach of copyright.

• 6 December 2016 – Craig v Social Media Consultants Ltd and Williams [2016] NZDC 24911, [2017] DCR 611 – application by Social Media Consultants Ltd and Mr Williams for strike out and summary judgment in respect of Mr Craig’s claims of breach of copyright.  Claims variously struck out and awarded summary judgment in favour of defendants.
• 9 February 2017 – Craig v Social Media Consultants Ltd and Williams [2017] NZDC 2366 – decision of District Court awarding costs to Social Media Consultants Ltd and Mr Williams following their successful application for strike out and summary judgment in Mr Craig’s claim of breach of copyright.
• 5 April 2017 – Craig v Social Media Consultants Ltd and Williams [2017] NZDC 7007, [2017] DCR 835 – Social Media Consultants Ltd and Mr Williams apply for indemnity costs following strike out and summary judgment of Mr Craig’s claim for breach of copyright.  Social Media Consultants Ltd and Mr Williams successful.
• 14 June 2017 – Craig v Social Media Consultants Ltd and Williams [2017] NZHC 1315 – Mr Craig’s appeal to High Court following District Court decision striking out and granting summary judgment on his claims against Social Media Consultants Ltd and Mr Williams for breach of copyright.  Mr Craig successful in having claims reinstated.
• 12 July 2017 – Craig v Social Media Consultants Ltd and Williams [2017] NZHC 1613 – costs judgment of Woolford J following decision reinstating Mr Craig’s claims of breach of copyright against Social Media Consultants Ltd and Mr Williams.

See also claims against Mr Slater and Social Media Consultants Ltd together.

 

Colin Craig and Cameron Slater & Social Media Consultants Ltd

Mr Craig sues Mr Slater and Social Media Consultants Ltd in defamation and Mr Slater brings a counterclaim in defamation.

• 10 April 2017 – Craig v Slater and Social Media Consultants Ltd [2017] NZHC 740 – Mr Craig applies for inspection of computers held by Mr Slater and Social Media Consultants Ltd.  Mr Craig largely successful.
• 12 April 2017 – Craig v Slater and Social Media Consultants Ltd [2017] NZHC 735, [2017] NZAR 637 – Mr Craig applies for direction that his defamation claim against Mr Slater and Social Media Consultants Ltd be tried judge-alone.  Mr Craig successful.
• 4 May 2017 – Craig v Slater and Social Media Consultants Ltd [2017] NZHC 874, [2017] NZAR 649, (2017) 23 PRNZ 524 – Mr Craig applies for permission for McKenzie Friend in defamation claim against Mr Slater and Social Media Consultants Ltd.  Mr Craig successful.
• May-June 2017 – defamation trial before Toogood J.
• 19 October 2018 – Craig v Slater and Social Media Consultants Ltd [2018] NZHC 2712 – substantive determination of defamation claim and counterclaim.  Mixed success for all parties.  No damages awarded.

 

Colin Craig and Jacqueline Stiekema

Mr Craig sues Ms Stiekema in defamation.

• 29 March 2017 – Craig v Stiekema [2017] NZHC 614, [2017] NZAR 633 – application by Mr Craig to transfer his defamation proceeding against Ms Stiekema to the District Court.  Mr Craig successful.
• 31 July 2017 – Craig v Stiekema [2017] NZDC 15914 – application by Ms Stiekema to strike out Mr Craig’s claim in defamation.  Ms Stiekema successful.
• 1 September 2017 – Craig v Stiekema [2017] NZDC 19431 – awarding costs to Ms Stiekema following Ms Stiekema’s successful application for strike out of Mr Craig’s claim for defamation.
• 27 April 2018 – Craig v Stiekema [2018] NZHC 838, [2018] NZAR 1003 – appeal by Mr Craig against District Court decision striking out his defamation claim against Ms Stiekema.  Mr Craig successful and claim reinstated.
• 11 September 2018 Craig v Stiekema [2018] NZHC 2389 – costs determination of Mr Craig’s successful appeal to High Court against District Court decision striking out his defamation claim.  Costs awarded to Mr Craig.