New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Statutory immunity (s 272 lca 2006)
  • 24 Nov 2020

    MAILLEY & OR v SHAW & OR [2020] NZHC 3102

    Citation
    [2020] NZHC 3102
    Court
    High Court

    The amended statement of claim was struck out in its entirety: the pleadings failed to disclose any reasonably arguable causes of action and were, in combination, frivolous, vexatious and an abuse of process; many claims were statute barred by the Limitation Act 1950; fraud/dishonesty allegations lacked necessary particularity and cogent evidential foundation; the NZLS was immune from civil liability in respect of regulatory functions absent proof of bad faith under s 272 LCA 2006 and plaintiffs did not plead or establish bad faith or the specific elements of misfeasance in public office; no…