14 May 2015
White v Lynch [2015] NZHC 1020
- Citation
- [2015] NZHC 1020
- Court
- High Court
The statement of claim was struck out in its entirety as an abuse of process: the non-fraud causes were barred by res judicata/issue estoppel or could and should have been raised in the prior proceeding; the alleged fraud claims failed because plaintiffs did not plead or produce fresh, cogent, material evidence demonstrating conscious and deliberate dishonesty that would likely be decisive on rehearing. Consequently no genuine triable cross-claim remains to set aside or stay the bankruptcy notices; costs reserved.