25 Feb 2021
DHC ASSETS LTD v ARNERICH [2021] NZHC 277
- Citation
- [2021] NZHC 277
- Court
- High Court
Proceeding is not an abuse of process because the earlier judgment (Davison J) determined breach of duty but expressly declined to determine or make s 301 orders in respect of the TRC claims; those issues remain undetermined and are not res judicata. The Limitation Act 2010 s 16(1)(i) makes the primary limitation period for s 301 claims start on the appointment of the liquidator (1 July 2014), and the present claim issued 29 June 2020 falls within the six-year primary period; accordingly the strike-out application is dismissed.