New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Statutory immunity (s 272 lca)
  • 9 Sept 2021

    MAILLEY v SHAW [2021] NZHC 2359

    Citation
    [2021] NZHC 2359
    Court
    High Court

    The strike-out decision was correct: the plaintiffs' third amended statement of claim disclosed no reasonably arguable causes of action because (1) most causes were statute-barred under the Limitation Act with no cogent evidence of continuous incapacity or tolling, (2) allegations of fraud, deceit and bad faith lacked necessary particularity and supporting evidence, (3) no demonstrable compensable loss was pleaded, and (4) statutory immunity under s 272 LCA barred the disciplinary‑process based private law claims; therefore claims were frivolous, vexatious or an abuse and not curable by amend…