New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Strike out/no reasonably arguable cause of action
  • 22 Dec 2021

    CHEN v AUCKLAND WEIHAO INVESTMENT LTD [2021] NZHC 3598

    Citation
    [2021] NZHC 3598
    Court
    High Court

    Joinder of the intended tenth and eleventh defendants was declined because the amended pleadings do not disclose any tenable cause of action against them: lawyers drafting and filing a client's defence are not personally liable for the content as representations to the opposing party; no duty of care was owed to the plaintiff absent an assumption of responsibility; s10 Companies Act does not create a private right of action enforceable by the plaintiff; AML/CFT obligations do not give rise to a duty to disclose to the plaintiff and disclosure may be unlawful; no causal link between the lawyer…

    • Joinder
    • Strike out/no reasonably arguable cause of action
    • Section 10 companies act 1993 - private right of action
    • Misleading or deceptive conduct (s9 fta)
    • Negligent misstatement
    • Aml/cft obligations