LITT V LITT HC HAM CIV 2011-419-338

LITT V LITT HC HAM CIV 2011-419-338

The plaintiffs' constructive and remedial trust claims so closely correspond to a contractual claim for a quarter share that is statute-barred that limitation by analogy applies; the claims are therefore frivolous, vexatious and an abuse of process and are struck out and summary judgment is entered for the defendants.

Citation
openlaw-3e0355c2_2b2b_45fc_acd8_fbda76a97558.pdf
Parties
First Plaintiff: Sydney Barry Litt; Second Plaintiff: Roger Barry Litt; First Defendant: Colin Roy Litt; Second Defendant: Helen June Litt; Third Defendant: Stuart Lindsay Gordon
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 April 2012
Procedural Posture
Civil Equitable Claims (constructive/remedial Trust) / Interlocutory (application to Strike Out and Summary Judgment)
Outcome
Judgment for defendants; plaintiffs' claim struck out as barred by limitation by analogy
Legal Topics
Constructive Trust, Remedial Trust, Limitation by Analogy, Strike Out, Summary Judgment, Laches, Costs
Equity Trusts Limitation Law Civil Procedure Constructive Trust Remedial Trust Limitation by Analogy Strike Out +3 more

Case Brief

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Parties

Sydney Barry Litt

First Plaintiff

Roger Barry Litt

Second Plaintiff

Colin Roy Litt

First Defendant

Helen June Litt

Second Defendant

Stuart Lindsay Gordon

Third Defendant

Procedural Posture

Civil Equitable Claims (constructive/remedial Trust) / Interlocutory (application to Strike Out and Summary Judgment)

Legal Issues

  1. 1 Whether plaintiffs' constructive/remedial trust claims are barred by limitation by analogy to statute-barred contractual/tort claims
  2. 2 Whether the pleaded constructive trust claim discloses a reasonably arguable cause of action
  3. 3 Whether summary judgment is appropriate

Ratio Decidendi

The plaintiffs' constructive and remedial trust claims so closely correspond to a contractual claim for a quarter share that is statute-barred that limitation by analogy applies; the claims are therefore frivolous, vexatious and an abuse of process and are struck out and summary judgment is entered for the defendants.

Court Disposition

Judgment for defendants; plaintiffs' claim struck out as barred by limitation by analogy

Orders

  • Statement of claim struck out as barred by limitation by analogy
  • Summary judgment entered for the defendants; judgment entered for the defendants