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Home / New Zealand

Correction: Malcolm Rabson

NZME.
26 May, 2015 11:06 PM3 mins to read

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Photo / File / Paul Taylor

Photo / File / Paul Taylor

UPDATE: Two items published on nzherald.co.nz - on March 11 and one on May 8 - about court actions involving Malcolm Rabson incorrectly reported the nature of the judgments.

The May 8 item began: "A Lotto winner has lost his latest court bid to challenge a ruling that his former partner is entitled to a cut of the winnings."

However, that Supreme Court judgment was over bids by Mr Rabson to seek leave to appeal against a High Court judgment over a decision by the Deputy Registrar of the Court of Appeal and procedural orders and also a subsequent Court of Appeal judgment.

The Rabson applications were not over the Lotto dispute. The Supreme Court ruled his applications did not meet the test for leave to appeal to it.

In March, the High Court's Justice Mallon noted in a judgment that various other court challenges by Mr Rabson over decisions and orders had arisen out of "lengthy property-related litigation against his former partner".

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Her ruling struck out a claim by Mr Rabson alleging a failure by the registrar of the Supreme Court to record a decision as required by law.

Also in March, the Supreme Court dismissed an application by Mr Rabson for it to recall one of its earlier decisions over a High Court judgment.

A Lotto winner has lost his latest court bid to challenge a ruling that his former partner is entitled to a cut of the winnings.

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Malcolm Edward Rabson has been battling with his former partner Linda Gallagher through the courts for several years.

The High Court and Court of Appeal have both upheld decisions that Ms Gallagher is entitled to part of the $1.3 million winnings, and capital gains on houses they bought with the prize money.

Mr Rabson claimed he bought the ticket with his own money on behalf of a family trust.

An application for leave to appeal to the Supreme Court was denied on December 2.

An application by Mr Rabson to recall that decision was also dismissed on December 23.

His latest bid to seek leave to appeal a High Court decision to strike out a judicial review of against the Supreme Court registrar has also failed.

Supreme Court Justices Susan Glazebrook, Terence Arnold and Mark O'Regan said leave to appeal a decision of the High Court was only given in "exceptional circumstances".

"The application for leave to appeal is dismissed accordingly."

Mr Rabson won the draw on November 5, 2001, but didn't realise he had a winning ticket until the following February.

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