8 Oct 2018
PECK v GRASSHOPPER LAWNMOWING SERVICES LTD [2018] NZHC 2615
- Citation
- [2018] NZHC 2615
- Court
- High Court
The deceit claim was struck out because the pleaded representations were statements as to future conduct (not past or existing facts), there was no pleaded or evidential basis to show the maker lacked the requisite present intention or was reckless/dishonest (and fraud was insufficiently particularised), and allowing a personal deceit claim risked double recovery and was barred by the statutory framework; consequently the claim disclosed no reasonably arguable cause of action.