28 Aug 2015
SINCLAIR v NZ RACING BOARD [2015] NZHC 2067
- Citation
- [2015] NZHC 2067
- Court
- High Court
The claim was struck out: the plaintiff failed to plead an identifiable and sufficiently delineated class distinguishing her from the public at large (thus lacking proximity), and causation was insufficient because the real cause of her loss was her repeated decision to lend money on an unsecured basis; policy considerations including risk of indeterminate liability reinforced refusal to recognise the alleged duty.