20 Dec 2010
WRIGHTSON LTD V BLACKMOUNT FORESTS LTD AND ANOR CA CA311/2009
- Citation
- openlaw-1fbe68bc_15ff_4f1d_9009_ee3d532d632a.pdf
- Court
- Court of Appeal
The Court refused to strike out the contract and negligence causes of action because Blackmount had established an arguable case that persons within Wrightson knew the facts and that a duty to disclose existed such that non-disclosure could postpone limitation under s 28(b); pleadings and particulars (and lack of discovery) meant the defendant had not shown the claims were so clearly statute-barred as to be frivolous, vexatious or an abuse of process, so the matter must proceed to trial.