21 Apr 2023
LIP and RAHIM v PANDEY [2023] NZHC 860
- Citation
- [2023] NZHC 860
- Court
- High Court
On interlocutory review the pleaded claims were not plainly untenable: limitation defences (s 43A FTA; ss 11/14 Limitation Act) could not be decisively established on the face of the pleadings because monthly statements were provisional pending audit and key matters (FFE arrangements, extent of under‑reporting, defendant's intention and role) were reasonably arguable as discovered later; the pleaded causes of action (s 9 FTA, negligence by assumption of responsibility, and dishonest assistance founded on an implied trust) disclosed reasonably arguable bases and required testing by discovery a…