4 Sept 2013
MA v TAY [2013] NZHC 2292
- Citation
- [2013] NZHC 2292
- Court
- High Court
Claims for general damages were dismissed because the material and substantial cause of the plaintiff's distress was the prior Westpac judgment and the plaintiff's own earlier conduct; the fraud claim failed because 'fraud' was not pleaded as a recognized cause (eg deceit) and the facts did not establish knowingly false representations by the defendant; conspiracy claims failed because there was no intention to harm the plaintiff and no established unlawful means or likely-to-cause-loss state of mind by the conspirators.