New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Fraud pleading

Legal area

Court

19 Sept 2014

FRESHMAX NZ LTD v SANTA ROSA ORCHARDS LTD [2014] NZHC 2277

Citation

[2014] NZHC 2277
Court

High Court

The High Court held that the third amended statement identified specific transactions by invoice as required by Hansen J and therefore complied with the prior order; strike-out was inappropriate because pleadings must be assumed true and the allegations were not manifestly incapable of proof; consequently the appeal against Judge Rea's decision refusing strike-out was dismissed.
6 Oct 2010

PERRIAM V WILKES AND ORS HC AK CIV 2009-425-000284

Citation

openlaw-61ff5c44_2abe_40d9_b964_1cb477fbd92a.pdf
Court

High Court

The statement of claim is deficient for lack of particularisation and cannot be struck out in full at this interlocutory stage; given outstanding discovery and possibility that the plaintiff can particularise viable causes, the strike-out application is adjourned and plaintiff given opportunity to replead following discovery; case management directions and a telephone conference were ordered and costs reserved.