5 Aug 2011
CHESTERFIELDS PRESCHOOLS LIMITED V THE COMMISSIONER OF INLAND REVENUE HC CHCH CIV 2008-409-000995
- Citation
- openlaw-46779615_4483_4a14_a39a_b8e4a60fa543.pdf
- Court
- High Court
The Court struck out the sixth cause of action because the allegations concerning discovery and affidavit conduct were barred by immunity from suit for conduct in judicial proceedings; the seventh cause under s27 NZBORA was struck out because the pleaded conduct involved discretionary administrative action not an adjudicative tribunal function; the first five misfeasance causes were not struck out because, on the pleadings and existing authorities, direct or arguable vicarious liability of the Commissioner and the public‑office status of Mr Shamy remained tenable and required trial or fuller…