8 Aug 2008
TE WHAU VINEYARD LTD V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2004-404-00530
- Citation
- openlaw-a349e3d2_e131_4d11_b005_70ec6dec281f.pdf
- Court
- High Court
The limitation question was factually and legally uncertain because of the parties' conduct and the nature/timing of remedial work; consequently the Court would not strike out the contract claims on limitation grounds. The pleadings disclose arguable causes of action in contract and negligence but require clearer particulars: ongoing contractual obligations and breaches must be pleaded separately from guarantees and particulars of facts supporting a duty of care must be provided. Application to strike out dismissed and plaintiff ordered to file an amended statement of claim.