New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Continuing cause of action

Legal area

Court

20 Nov 2008

PENELOPE ANN HARGREAVES V THE RADIO NETWORK LIMITED AND ANOR HC CHCH CIV 2002 409 725

Citation

openlaw-d64b264e_1007_434c_a07c_c63a68d28c57.pdf
Court

High Court

The Court held the plaintiff's causes of action accrued when the material damage occurred in or about 1993; accrual is occurrence-based and the claims are continuous in nature so no fresh cause arose within the six year limitation period. The proceeding was therefore time-barred and plainly untenable on available evidence and was struck out.
28 Jun 2006

ATTORNEY-GENERAL V EDMONDS & ORS CA CA97/05

Citation

openlaw-4730728a_63c2_4d97_875b_c5a1f5c9d626.pdf
Court

Court of Appeal

Section 40 imposes a timeous offer-back obligation enforceable by declaration when not complied with; that breach does not generally create a continuing tort allowing reliance on later dates for accrual of loss; the appropriate remedy is declaratory relief specifying the date by which the offer should have been made; applying the facts, area A was surplus by July 1989 (offer obligation by July 1990), areas B and part of C not required for the substation (263m2) were surplus by July 1996, and only 172m2 was required for the substation; no obligation to offer airspace arose on these facts.