30 Mar 2015
EBR HOLDINGS LIMITED (IN LIQUIDATION) v MCLAREN GUISE ASSOCIATES LIMITED AND N D HARRISON [2015] NZHC 607
- Citation
- [2015] NZHC 607
- Court
- High Court
The strike out application was dismissed because witness immunity could not be conclusively determined on the affidavits before the court; the applicability and scope of immunity (including the effect of Jones v Kaney) raised factual and legal issues requiring a full evidential inquiry at trial rather than resolution on strike out; immunity is not unlimited and may not apply to all pre‑ and post‑affidavit conduct pleaded.