4 Dec 2020
FIELDING v NEW ZEALAND POLICE [2020] NZHC 3194
- Citation
- [2020] NZHC 3194
- Court
- High Court
The pleaded claim failed to disclose a reasonably arguable cause of action because misfeasance requires a particularised mental element and proof of damage which the pleadings did not allege; a claim of misfeasance against the Police as an institution is impermissible and those paragraphs were struck out; the remainder of the claim was stayed to permit properly settled amendment by a practising lawyer by a fixed date or else be struck out automatically.