27 Aug 2015
ROOSE v DUTHIE [2015] NZHC 2035
- Citation
- [2015] NZHC 2035
- Court
- High Court
The court held that the alleged contractual breach (negligent advice) occurred when the advice was given or, at the latest, upon execution of the sale agreement (14 April 2008), and the tortious loss also accrued on 14 April 2008 when binding obligations arose; accordingly contract and tort claims based on the pre-14 April 2008 advice are statute-barred. Section 28 did not delay accrual of those causes of action. Relief under the Contractual Mistakes Act against a non-party adviser was not available on the pleaded facts. Leave was granted to amend to plead an equitable fiduciary claim limited…