23 Jan 2019
RINTOUL GROUP LIMITED v ROBSON [2019] NZHC 21
- Citation
- [2019] NZAR 434
- Court
- High Court
The court held that the second amended statement of claim met the heightened pleading and evidential threshold necessary to sustain a misfeasance claim generally and refused to strike it out, but the settlement and release executed between Rintoul and the Far North District Council discharged the council and thus barred Rintoul's claims against Ms Robson in respect of the four cycleway contracts (application of the release rule); credible affidavit evidence (notably Mr DePereira) raised genuine factual conflicts about Ms Robson's intent such that summary judgment for the defendant was refused…