1 Apr 2021
JIAWEN MAO v BEST CAPITAL LIMITED [2021] NZHC 735
- Citation
- [2021] NZHC 735
- Court
- High Court
The amended statement of claim was struck out in its entirety: the first two causes of action (31 Chester Avenue) are an abuse of process under the Henderson principle and are insufficiently pleaded given the prior District Court proceedings and default judgment (paid by plaintiffs); the second cause also fails for lack of statutory basis and factual particularity; the third cause (88 Fairburn Road) discloses no reasonably arguable cause of action because settled authority rejects a duty to sell within a set time and essential facts are not pleaded; indemnity costs awarded to defendants.