18 Feb 2021
BUXTON v XERO LIMITED [2021] NZHC 206
- Citation
- [2021] NZHC 206
- Court
- High Court
The proceeding was struck out as an abuse of process because the lawfulness of the Official Assignee's s 171 notices had been finally determined in Re Havenleigh (2015); the core issue in the plaintiffs' claim necessarily requires relitigation of that issue and is therefore barred by res judicata, and disclosures made by Xero in compliance with lawful s 171 notices cannot ground a tort claim against Xero.