19 Dec 2006
J A REID AND ORS V COMMISSIONER OF INLAND REVENUE HC AK CIV 2006-404-4222
- Citation
- openlaw-c085d89d_b5fb_4b7c_826c_d31f3f714409.pdf
- Court
- High Court
On the pleaded facts and assuming their truth, the Court held the plaintiffs' misfeasance claim was arguable and not so untenable that it could not possibly succeed: it is not excluded that the Commissioner may be held directly liable for acts done in his name or by persons exercising his statutory powers; the named officers may hold public office and the acts alleged may be in the exercise of public office; the pleading properly relied on the first limb (improper motive) of the tort and is not in substance a malicious prosecution claim. Therefore the strike‑out application under r186 is dism…