New Zealand Case Law: Decisions & Judgments

Topic

Fraudulent concealment

Legal area

Court

21 Feb 2018

AUSTIN v ROCHE PRODUCTS (NEW ZEALAND) LIMITED & ORS [2018] NZHC 208

Citation

[2018] NZHC 208
Court

High Court

The strike-out application was dismissed because the limitations and ACC bar issues raised could not be resolved conclusively on the pleadings and undisputed material; whether the cause of action accrued on occurrence or discovery, whether fraudulent concealment applies, and whether the injuries fall within ACC require full evidential inquiry and cannot be characterised as clearly unsustainable at this interlocutory stage.
22 May 2017

HELI-LOGGING LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) v CIVIL AVIATION AUTHORITY OF NEW ZEALAND [2017] NZCA 196

Citation

[2017] NZCA 196
Court

Court of Appeal

Fresh, cogent evidence concerning the expert Lewis' recent experience and the withheld 1999 report raised factual issues material to Helilogging's allegation of fraudulent concealment under Limitation Act s28; those disputes meant the High Court erred in granting summary judgment because the claims were not shown to be so clearly statute-barred as to be frivolous, vexatious or an abuse of process; appeal allowed, further evidence admitted, summary judgment set aside and proceeding reinstated for full airing including discovery and trial.
15 Dec 2016

ROOSE v DUTHIE [2016] NZCA 600

Citation

(2016) 24 NZCPR 255
Court

Court of Appeal

The Court held that on the pleaded facts this was potentially a 'no transaction' case where taxable income was derived only on settlement (2 May 2008) so the tort cause of action may have accrued on that date and therefore may be within the limitation period; further, postponement under s 28 could apply if pleadings and evidence establish wilful concealment by a party under a duty to disclose, so the High Court's determinations that the claims were time-barred were set aside and the matter remitted for amended pleadings and trial direction.
9 Aug 2016

HILARY JANE CALVERT AND ORS v GRANT BRUCE REYNOLDS [2016] NZSC 100

Citation

[2016] NZSC 100
Court

Supreme Court

Leave to appeal was refused because the issues sought to be raised were essentially factual and lacked public or commercial significance, there was no risk of a miscarriage of justice, and the trustees' substantial payment of the debt (leaving only a small outstanding sum with arrangements for payment) made further appeal unnecessary and not in the interests of justice; the prior Supreme Court decision could not be re-opened.
12 May 2016

ANNIK INVESTMENTS LIMITED (IN LIQUIDATION) v PROSPECTIVE INVESTMENTS LTD [2016] NZHC 957

Citation

[2016] NZHC 957
Court

High Court

The plaintiff established on the balance of probabilities that a debt of at least $532,783 existed, but the cause of action arose when the advance was made (circa 2004) so limitation began then; the plaintiff failed to show a valid acknowledgement by the defendant sufficient to restart limitation and failed to prove fraudulent concealment; the evidence did not establish persistent or serious statutory non-compliance justifying winding up; accordingly the liquidation application was dismissed.
22 Apr 2016

CALVERT v REYNOLDS [2016] NZCA 151

Citation

[2016] NZCA 151
Court

Court of Appeal

The Court held that the fraudulent concealment of the $740,000 asset by the trustees' agents (Messrs James and Miller) was attributable to the trustees and postponed the limitation period under s28 until the fraud could with reasonable diligence have been discovered; accordingly the liquidator's claim was timely and judgment for $740,000 with interest from 6 July 2009 was ordered; the director was held liable on cross-appeal for the same sum and the High Court stay was discharged.
25 Feb 2016

M J DAISLEY v WHANGAREI DISTRICT COUNCIL and W W PETERS [2016] NZHC 268

Citation

[2016] NZHC 268
Court

High Court

The strike out application was dismissed because on the pleaded facts accrual timing was not sufficiently clear to conclude the claim was plainly time-barred; reasonable discoverability and potential concealment by the Council of the consent may affect accrual and s 28 may apply, and those matters require pleading and discovery before limitation can be finally determined.
22 Feb 2016

MACKENZIE V THE ATTORNEY-GENERAL [2016] NZCA 24

Citation

[2016] NZCA 24
Court

Court of Appeal

Application for special leave was declined because the proposed appeal raised no arguable point of law: the claim was statute-barred (time ran from removal on 2 October 1987 or at the latest from 21 March 2005 when claimant was informed), CHFA's refusal did not amount to fraudulent concealment under s 28(b), Crown Law could not be sued in the manner proposed and any fresh causes of action would be time-barred under r 7.77(2).
17 Aug 2015

Murphy v Amtech Construction Limited [2015] NZHC 1951

Citation

[2015] NZHC 1951
Court

High Court

No binding agreement on costs existed; no costs order for the withdrawn strike-out application; apply r 7.77 to adjust costs for the amended pleading resulting in allowance of 3 days for commencement/amendments; categorise as Category 2 and apply Band B time allowances totalling 5.6 days at $1,990/day = $11,144; increase that award by 50% under r 14.6 because plaintiffs pursued an unsubstantiated fraud allegation, yielding an award of $16,716; disbursements fixed by the Registrar except disbursements relating to the strike-out application which are disallowed.
9 Mar 2015

REYNOLDS v CALVERT [2015] NZHC 400

Citation

[2015] NZHC 400
Court

High Court

The $740,000 was an advance made on 3 October 2006 and repayable on demand, but fraudulent concealment occurred when the accounts were recoded (by 21 September 2009) which postponed the commencement of the limitation period until the fraud was reasonably discoverable (6 January 2011); the liquidator's claim lodged 16 November 2012 was within time, entitling judgment for $740,000 and interest from 27 June 2012; alternative equitable and statutory claims failed for lack of loss or because they were inconsistent with the loan character.