11 Feb 2022
PMT 20210 LTD v MARK [2022] NZHC 169
- Citation
- [2022] NZHC 169
- Court
- High Court
The Court granted joinder and leave to amend: the liquidator had no reasonable means of knowing of the deed until June 2020 so the late knowledge provisions applied to the third cause and extended limitation to June 2023; the first cause was not a fresh cause and was within the primary period (payment 8 May 2015); the s301 claim was ancillary to the first and/or third causes under s50 and therefore not barred by the long-stop; no undue prejudice to defendants given early interlocutory stage; accordingly joinder of the liquidator and the amended statement of claim were permitted.