9 Jun 2008
BLACKMOUNT FORESTS LTD & ORS V TRINITY FOUNDATION (SERVICES NO 2) LTD & ANOR HC AK CIV 2004-404-004037
- Citation
- openlaw-5cb1a828_85a9_412c_9a98_34ca1f59929a.pdf
- Court
- High Court
The Fair Trading Act cause of action as amended introduced a fresh cause of action (concealment and loss of chance) materially different from the original misrepresentation claim and was time-barred under s43(5); the management agreement is not a deed so s4(1)(a) Limitation Act applies to contract and negligence claims, but the plaintiffs have pleaded an arguable case of equitable fraud under s28(b) (passive non-disclosure by a party with a duty to disclose) sufficient to defeat a strike out at interlocutory stage, so the strike out is refused as to contract and negligence claims.
- Limitation periods
- Concealment/equitable fraud s28(b) limitation act 1950
- Fair trading act 1986 s43(5)
- Strike out under high court rules rr186/477/187
- Whether instrument is a deed vs simple contract
- Loss of chance vs direct loss