6 Oct 2017
CRAIG DUTHIE AND KIRSTEN TAYLOR-RUITERMAN v DENISE MICHELLE ROOSE [2017] NZSC 152
- Citation
- [2017] NZSC 152
- Court
- Supreme Court
The Supreme Court held that for s CB14 purposes DDL did not derive income until settlement on 2 May 2008; s GC1 does not operate to deem derivation at the agreement date in the circumstances of this related‑party deferred‑payment transaction; ancillary wasted or unwind costs did not cause accrual of a cause of action before 2 May 2008; accordingly the negligence claim was not time‑barred and the appellants' appeal failed on the legal questions addressed; appeal dismissed and costs awarded against appellants.