12 Apr 2013
DELIU V HONG HC AK CIV-2010-404-006349
- Citation
- openlaw-4a44ac64_07c4_4f55_adb5_83a17cc66663.pdf
- Court
- High Court
Application to strike out was dismissed. On the pleadings the abuse of process claim was tenable given pleaded particulars of ulterior purpose; the malicious prosecution claim could not be struck out because New Zealand law on malicious civil proceedings (outside insolvency) is unsettled and not a proper ground for pre-trial dismissal; Wilkinson v Downton claim was arguable because physical/psychiatric harm and calculated conduct were pleaded; defamation/malicious falsehood claims were not inevitably defeated by absolute or litigation privilege because some communications were arguably sent t…