19 Dec 2023
MAILLEY v SHAW & ANOR [2023] NZCA 659
- Citation
- [2023] NZCA 659
- Court
- Court of Appeal
The application for special leave was declined because the proposed appeal did not raise any question of law or fact capable of bona fide and serious argument of sufficient importance to outweigh the cost and delay of an appeal; the challenged findings were fact-based or application of settled legal principles (including limitation, requirement to plead loss and particularise bad faith) and statutory immunity under s 272 shielded the NZLS absent a properly pleaded and substantiated allegation of bad faith.