New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Equitable bar by analogy

Legal area

Court

6 Oct 2010

PERRIAM V WILKES AND ORS HC AK CIV 2009-425-000284

Citation

openlaw-61ff5c44_2abe_40d9_b964_1cb477fbd92a.pdf
Court

High Court

The statement of claim is deficient for lack of particularisation and cannot be struck out in full at this interlocutory stage; given outstanding discovery and possibility that the plaintiff can particularise viable causes, the strike-out application is adjourned and plaintiff given opportunity to replead following discovery; case management directions and a telephone conference were ordered and costs reserved.
19 Nov 2009

GARMONSWAY V RAGLAN DEVELOPMENTS LTD AND ORS HC HAM CIV 2006-419-001066

Citation

openlaw-4e805713_57a5_4b89_855c_a7dcadf186f4.pdf
Court

High Court

Paragraphs 36–42 were struck out because the tort claim was discovered in 2001 and is statute-barred under the Limitation Act 1950; paragraphs 43–54 (knowing assistance and knowing receipt) are barred by the equitable bar by analogy and constitute an abuse of process as determined in the prior ruling of Allan J; paragraphs 55–68 are redundant after the refusal to join the proposed parties and are struck out accordingly.