14 Nov 2013
JAMES, & ORS as trustees of the JAMES FAMILY TRUST v McMAHON and ANOR trading as MCMAHON BUTTERWORTH THOMPSON LAWYERS [2013] NZHC 3018 []
- Citation
- [2013] NZHC 3018
- Court
- High Court
The court held the plaintiffs suffered an immediate loss when the defective guarantee was executed in August 2005 so the cause of action accrued then and the six-year limitation expired before commencement; subsequent assurances or dealings did not create a fresh cause of action or continuing duty to restart limitation; s28(c) did not apply because the alleged drafting mistake was not an essential ingredient of a cause of action for relief from consequences of a mistake; reasonable discoverability was irrelevant to accrual absent statutory provision; accordingly the claims are statute-barred.