11 Mar 2020
HU v CHEN & ORS [2020] NZHC 485
- Citation
- [2020] NZHC 485
- Court
- High Court
The statement of claim was struck out because it amounted to an abuse of process by seeking to collaterally attack and relitigate factual findings and determinations already made by Van Bohemen J in the earlier recall judgments, and because the fraud allegations lacked the required particularity and prima facie evidential foundation; therefore the claim disclosed no reasonably arguable cause of action and was struck out with costs to defendants on a 2B basis plus disbursements.