22 Feb 2010
BAYLISS AND BAYLISS V CENTRAL HAWKES BAY DISTRICT COUNCIL HC NAP CIV 2009-441-000593
- Citation
- openlaw-2e9c54cf_e77c_4a7d_9854_eef35a5dae43.pdf
- Court
- High Court
The High Court held the District Court erred in granting summary judgment because it was arguable that the appellants' claimed economic loss did not accrue on receipt of the LIM report or on settlement in 1999 and that the Hamlin reasonable-discoverability analysis may apply by analogy to when economic loss from a defective LIM report first occurred; accordingly the question of accrual could not be resolved on summary judgment and the matter was remitted for full hearing.