9 Sept 2021
MAILLEY v SHAW [2021] NZHC 2359
- Citation
- [2021] NZHC 2359
- Court
- High Court
The strike-out decision was correct: the plaintiffs' third amended statement of claim disclosed no reasonably arguable causes of action because (1) most causes were statute-barred under the Limitation Act with no cogent evidence of continuous incapacity or tolling, (2) allegations of fraud, deceit and bad faith lacked necessary particularity and supporting evidence, (3) no demonstrable compensable loss was pleaded, and (4) statutory immunity under s 272 LCA barred the disciplinary‑process based private law claims; therefore claims were frivolous, vexatious or an abuse and not curable by amend…