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.