26 Mar 2014
SWINDLE & Ors v WITHERS & ANOR [2014] NZHC 578
- Citation
- [2014] NZHC 578
- Court
- High Court
The Court held that causes of action under the Fair Trading Act are not assignable and accordingly struck out the plaintiffs' claims brought as assignees of Orakei's FTA causes (fourth and fifth causes). The Court refused to strike out Orakei's own FTA claim or the negligent misstatement claims (third, sixth, seventh, eighth and related causes) because material factual disputes (including discovery date and accrual of loss) and deficiencies in particularity could not be resolved at strike‑out and were matters for trial or amendment.