28 May 2021
LU v AUCKLAND COUNCIL [2021] NZHC 1232
- Citation
- [2021] NZHC 1232
- Court
- High Court
The amended statement of claim disclosed no reasonably arguable causes of action and could not be remedied: the fiduciary duty claim was untenable given the statutory scheme and policy against imposing private law duties on councils exercising regulatory powers; the duress claim lacked compulsion and illegitimacy; the Consumer Guarantees Act did not apply to the council's regulatory functions. Accordingly the proceedings were struck out under r 15.1.