14 Apr 2016
MONTECILLO TRUST v STEVENSON BROWN LIMITED [2016] NZHC 684
- Citation
- [2016] NZHC 684
- Court
- High Court
The SFA was not incorporated into the contract because the agent's knowledge was limited, he was not an 'agent to know' in respect of the defendant's contractual terms and the Trust did not understand him to possess binding knowledge; consequently late, unsigned provision of the SFA did not bind the Trust. On limitation the cause of action in negligence accrued when Montecillo received the Tonkin & Taylor report in January 2008 which made the structural/foundation risk apparent, and the claim filed 19 December 2013 was within the Limitation Act 1950 period.