Court of Appeal Wellington
20 October 1988
Cooke P, McMullin and Bisson JJ
20 October 1988
Cooke P, McMullin and Bisson JJ
Practice and procedure — Striking out proceedings — Cause of action pleaded in contract and tort — Unlawful dismissal and conspiracy — Senior company executives were confronted without warning with an ultimatum that they either retire or be dismissed — Both took the retirement option, receiving substantial cheques, but later brought proceedings for wrongful dismissal and conspiracy — Whether conspiracy allegations should be struck out as showing no reasonable cause of action — Whether Court should determine questions of law in a controversial and developing field at an abstract level.
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