12 Aug 2014
USSHER v BOAG [2014] NZHC 1895
- Citation
- [2014] NZHC 1895
- Court
- High Court
The appeal was dismissed because the District Court correctly refused to strike out the claim: claims alleging fraudulent breach of trust and analogous equitable causes are not time-barred, the tort causes did not accrue until the claimant's demand proved futile on 22 June 2005, and on the pleaded facts the appellant's withdrawal was a but-for cause that enabled third-party misappropriation so the causes of action were not plainly untenable and required trial resolution.