13 Aug 2008
BUNTING AND GARDNER V AUCKLAND CITY COUNCIL HC AK CIV-2007-404-002317
- Citation
- openlaw-178eff28_36f7_4b85_b5ff_ae1c55be7919.pdf
- Court
- High Court
Section 55(1) of the WHRS Act is limited to applications for eligible claims within the scope of that Act; an application found to be ineligible is excluded from the Act and cannot be deemed to have commenced civil proceedings for Limitation Act purposes. Consequently the applicants' High Court proceeding filed 27 April 2007 was time-barred under Building Act s393(2) and the Associate Judge correctly struck it out.