31 Jan 2011
FAKIR HALAL DONNERS V TAYLOR PRESTON LIMITED HC WN CIV-2010-485-1530
- Citation
- openlaw-79d5458c_5f7b_4ecb_bd91_4267b91bb24f.pdf
- Court
- High Court
The court declined to strike out the entire statement of claim for abuse of process because the pleading defects were not of sufficient severity to meet the high strike‑out threshold; the second and third causes (ss16(a) and 16(b) Sale of Goods Act) and the seventh cause (as amended under the Fair Trading Act) were reasonably arguable and raised factual issues for trial and thus could not be struck out; the fourth cause (s17 Sale of Goods Act) was struck out because photographs did not amount to a physical sample required by s17; security for costs beyond the $20,000 already paid was declined…