16 Jun 2023
JUKEN NZ LTD v RED STAG TIMBER LTD [2023] NZCA 242
- Citation
- [2023] NZCA 242
- Court
- Court of Appeal
An amended pleading cannot be used to reintroduce or obtain relief for causes of action that are statute-barred under s 43A FTA; the court must first apply the statutory limitation regime before relying on r 7.77 to add any fresh cause of action, and where the amendment seeks relief for pre-December 2012 conduct barred by s 43A it must be struck out.
- Statute of limitations (s 43a fta)
- Amendment of pleadings (r 7.77 hcr)
- Strike out
- Summary judgment
- Misleading or deceptive conduct
- Compliance with building standards