2 May 2007
OOSTERHUIS V SAETRUM HC WN CIV-2004-485-813
- Citation
- openlaw-b51a463e_aefd_4f62_81e6_7f4e0cda8beb.pdf
- Court
- High Court
The court held the pleaded claim sought recovery of property as a beneficiary under an institutional (orthodox) constructive trust, which falls within s21(1)(b) of the Limitation Act 1950 and therefore is not subject to the six‑year limitation period; the fact that the remedy may be a monetary award does not convert the nature of the claim into one subject to limitation.