Customer fails in attempt to sue prostitute for refund over incomplete sex 'session'
The unnamed customer and the sex worker, who were identified as Mr N and Ms M in court documents, had been in a two-month contractual relationship
Tuesday 25 March 2014
A New Zealand man who tried to sue a prostitute for a refund on an incomplete sex "session" has had his case dismissed by a judge.
The unnamed customer and the sex worker, who were identified as Mr N and Ms M in court documents, had been in a two-month contractual sexual relationship.
According to reports from Fairfax News the pair's last session ended in a verbal disagreement at a brothel in 2012.
Mr N attempted to sue Ms M for $80,000 (£41,000) in compensation and damages, claiming that she had “gained unjust enrichment” and violated the country's Consumer Guarantees Act. He also claimed that Ms M had defamed him.
He initially attempted to claim damages for $4,000 (£2,000), but later filed for $84,800 (£43,000), claiming Ms M breached his privacy.
The court heard that Ms M had offered to return the money and a mobile phone, which was used to arrange the weekly meetings, but that Mr N had refused.
The court also heard that Ms M had filed for a restraining order against Mr N and that a five year order had been granted.
The case was struck out by judge Peter Woodhouse who described the legal proceedings as a "sinister use of the court's processes".
"Not only am I satisfied the proceedings are frivolous but I also believe they are vexatious," the judge said.
The judge ruled that the repeated attempts at litigation were an abuse of process and an attempt to victimise and harass Ms M.
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