24 Oct 2013
BECKER & ANOR v ANDERSON [2013] NZHC 2798
- Citation
- [2013] NZHC 2798
- Court
- High Court
Grant leave to file the amended statement of claim as to the first and second causes of action and to join Mrs Carol Anderson because those equitable claims pleaded as fraudulent breaches of fiduciary/trust obligations fall within s21(1) Limitation Act 1950 and are not caught by the ordinary six year limitation; the promissory estoppel/guarantee claim was refused as time barred because it merely recharacterised the previously advanced contract/oral guarantee claim and was analogous to the statute-barred claim so allowing it would outflank the limitation regime; prejudice and delay were consid…