30 Sept 2022
BANK OF NEW ZEALAND v LOTHIAN PARTNERS CAPITAL LTD [2022] NZHC 2489 _x000b_
- Citation
- [2022] NZHC 2489
- Court
- High Court
The Court held the Limitation Act 2010 applied and the facility/guarantee boilerplate did not, on its terms and context, clearly and unambiguously contract out of the Act; however BNZ established that defendants (LPC, PHL, Glencoe JV, Galt and Mr Kerr) made written acknowledgements (emails, presentations, part‑payments and communications) that objectively admitted liability and thereby restarted limitation periods under s47, such that BNZ's claims are not time‑barred; the settlement deed was not an unequivocal acknowledgement; BNZ's certified account evidence was sufficient and defendants' ac…