New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Commercial duress

Legal area

Court

2 Dec 2022

LAU v HOLLIS & SCHOLEFIELD LIMITED [2022] NZHC 3223

Citation

[2022] NZHC 3223
Court

High Court

The statement of claim disclosed no reasonably arguable cause of action and was untenable: the plaintiff lacked any proprietary or legal interest and could not show loss caused by alleged misleading conduct; any causes of action accrued before the plaintiff's adjudication in bankruptcy and vested in the Assignee so the plaintiff lacked standing; s176 PLA did not apply to him; and the claims impermissibly collaterally attacked issues finally determined in prior litigation, constituting an abuse of process — accordingly the proceeding was struck out in its entirety.
28 May 2021

LU v AUCKLAND COUNCIL [2021] NZHC 1232

Citation

[2021] NZHC 1232
Court

High Court

The amended statement of claim disclosed no reasonably arguable causes of action and could not be remedied: the fiduciary duty claim was untenable given the statutory scheme and policy against imposing private law duties on councils exercising regulatory powers; the duress claim lacked compulsion and illegitimacy; the Consumer Guarantees Act did not apply to the council's regulatory functions. Accordingly the proceedings were struck out under r 15.1.