29 Nov 2016
THOMAS v MORRHALL [2016] NZHC 2853
- Citation
- [2016] NZHC 2853
- Court
- High Court
The Disputes Tribunal is a 'Court of law' for the purposes of s 4 of the Limitation Act 1950 because it possesses sufficient institutional and legal features (part of the District Court structure, formal filing and notification processes, hearings before independent adjudicators, enforceable orders and statutory requirements to have regard to the law) to fulfill the purposes of limitation statutes; accordingly a claim filed in the Tribunal is commenced for limitation purposes and the later transfer to the District Court does not render the claim time barred.
- Limitation act 1950
- Limitation act 2010
- Disputes tribunals act 1988
- Definition of court of law
- Commencement of proceedings
- Transfer of proceedings