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…