6 Oct 2021
RED STAG TIMBER LTD v JUKEN NEW ZEALAND LTD [2021] NZHC 2662
- Citation
- [2021] NZHC 2662
- Court
- High Court
The court held r 7.52 did not bar JNL's strike out application, granted JNL leave to apply for summary judgment, but rejected JNL's substantive strike out and summary judgment on s 43A because JNL failed to establish as a matter of law (on pleadings and affidavits) that Red Stag knew or ought reasonably to have known the factual elements and a tenable interpretation of standards to the requisite standard before the limitation dates; accordingly factual issues remained and the limitation defence could not succeed at interlocutory stage; the court ordered a further affidavit of documents and re…