30 Apr 2019
OYSTER MANAGEMENT LTD v MSC CONSULTING GROUP LTD [2019] NZHC 913
- Citation
- [2019] NZHC 913
- Court
- High Court
On the material before the Court strike-out of the negligent misstatement cause was refused because foreseeability, proximity and the effect of the limitation clause were factually contested and capable of grounding a duty of care requiring a trial; however the negligence claim based on earlier design work was struck out as time-barred by s393(2) Building Act 2004 because the reports were not a sufficient continuation of the original work to avoid the ten-year longstop.