30 Oct 2018
WHITE v McCULLOUGH [2018] NZHC 2806
- Citation
- [2018] NZHC 2806
- Court
- High Court
Defendants failed to establish as a matter of law that their surveying work was plainly "building work" within the Building Act so the 10-year longstop did not clearly apply; further, loss (an essential element) could not have accrued prior to the Trust's purchase in November 2011, so the 6-year Limitation Act period did not bar the proceeding filed in November 2017; accordingly the strike-out application was dismissed.