New Zealand Case Law: Decisions & Judgments

Topic

Pleading particulars

Legal area

Court

5 Jun 2020

HEKE v NELSON CITY COUNCIL [2020] NZHC 1241

Citation

[2020] NZHC 1241
Court

High Court

Appointment of counsel to assist was refused because the case did not fall within established categories for such appointment, lacked wider public importance and raised issues previously litigated; the amended statement of claim was inadequately particularised (notably for misfeasance and malicious prosecution), and the plaintiff was ordered to file a further amended statement of claim by 7 August 2020 with an unless order that failure to comply will result in striking out and costs to defendants on a 2B basis plus disbursements.
13 Jul 2018

The Minister of Education and Others v James Hardie New Zealand [2018] NZHC 1732

Citation

[2018] NZHC 1732
Court

High Court

The Court held that the Building Act 10-year longstop applies to contribution claims; while Carter Holt's delay in serving third party notices was inordinate, the Councils did not establish sufficient prejudice to justify striking out the bulk of the claims; deficient particulars should be remedied by an order for further particulars rather than wholesale strike out; a limited number of contribution claims that were clearly time-barred were struck out; Carter Holt was granted an extension of time to serve third party notices; overall costs were awarded to the Councils but reduced to reflect p…
6 Oct 2017

Body Corporate 199883 v Auckland Council [2017] NZHC 2455

Citation

[2017] NZHC 2455
Court

High Court

The Council was the successful party on the interlocutory application insofar as it obtained an order requiring a more explicit statement of claim and maintained privilege over disputed documents; however that success was partial and the court exercised its discretion under r 14.7 to reduce a category 2B costs award by 30%, and separately awarded costs for the without prejudice issue with adjusted time allowances.
22 Dec 2015

WISHART v MURRAY & ORS [2015] NZHC 3363

Citation

[2015] NZHC 3363
Court

High Court

The Court held that most pleaded bases of liability against Murray and DDNZ are tenable and not subject to strike out, that Murray v Wishart does not preclude alternative bases of liability for third party Facebook comments (such as natural and probable consequence or adoption/endorsement) in principle, but that the specific allegation that Murray and DDNZ adopted/endorsed third party comments via hyperlinking constituted a fresh cause of action not pleaded in the first amended statement of claim and is therefore time-barred and must be struck out; exemplary damages against DDNZ (vicarious li…
24 Sept 2014

MARHSALL v BOURNEVILLE [2014] NZHC 2334

Citation

[2014] NZHC 2334
Court

High Court

The High Court does not have originating jurisdiction to make orders under s 182 of the Family Proceedings Act 1980 absent transfer from the Family Court; the plaintiff must file an amended statement of claim with the required particulars excluding the s 182 cause of action; the defendants' appearance under protest to jurisdiction stands and the plaintiff's application to set it aside is dismissed.
9 Mar 2011

LOCKWOOD GROUP LIMITED V BARRY SMALL HC AK CIV 2009-404-1019

Citation

openlaw-5c6c8f7a_ec12_4bfb_8df5_df70515ef3eb.pdf
Court

High Court

The second amended statement of claim contains inadequate particulars of causation for the pleaded commercial losses but the defects are curable; accordingly the strike out application is dismissed and the plaintiff must file a further amended statement of claim providing detailed particulars of the alleged losses and how they were caused by the defendant by the specified date.
25 Aug 2010

HUNT & HUNT V MACARTNEY AND ORS HC AK CIV 2010-404-001881

Citation

openlaw-0fa9e5c0_c710_4a60_a6e4_d99dcbef09d9.pdf
Court

High Court

The strike-out application was dismissed because (1) discoverability under s43(5) is a factual question not suitable for summary determination and the pleadings can be amended to plead when loss was discovered or ought to have been discovered; and (2) whether the defendants were "in trade" in the one-off share sale is a question of fact and cannot be determined on strike out where facts are disputed.
28 Apr 2010

VATSYAYANN V PROFESSIONAL CONDUCT COMMITTEE CA CA808/2009

Citation

openlaw-8acd4923_5220_4572_8c7d_8109bd655c3d.pdf
Court

Court of Appeal

The application for special leave was declined because the High Court correctly held that Particular 3 sufficiently pleaded that the clinical notes falsely recorded the applicant as having seen the patient, 'produced' appropriately encompassed being responsible for the record, and the questions raised were case-specific and not of wider public or legal importance; the application sought effectively to relitigate factual findings.
20 Nov 2009

MOSES (AKA WHAREPAPA) V THE MINISTER OF POLICE AND ORS HC HAM CIV 2009-419-000479

Citation

openlaw-39ba404f_7c5b_4afc_b060_39a9c1af2005.pdf
Court

High Court

The court struck out the pleaded causes of action for defamation and negligence because, on the pleaded facts and established authorities, no private law duty of care is owed to support the negligence claim in these policing operational circumstances and the defamation claim lacks the essential element of publication and required factual particulars; the pleading deficiencies justify striking those heads out while permitting the plaintiff to replead a properly particularised false imprisonment claim within a fixed deadline.
3 Aug 2007

SIMUNOVICH FISHERIES LTD AND ORS V TELEVISION NZ LTD AND ORS HC AK CIV-2004-404-3903

Citation

openlaw-deaf7abf_fdf3_4933_9b50_546282d4e5b0.pdf
Court

High Court

The Court held defendants are entitled to plead both s 8(3)(a) and s 8(3)(b) in the alternative; however defendants must reorganise particulars to separately identify facts relied on for s 8(3)(a) (particularly where second-tier meanings are pleaded) and the facts/circumstances relied on for s 8(3)(b). Particulars must distinguish primary facts from circumstances (opinions, court findings, hearsay) and be sufficiently specific to allow verification; several pleaded particulars required reworking but most were not strike-outable; statutory qualified privilege defences were not plainly untenabl…