14 Dec 2021
GALWAY v PUGH [2021] NZHC 3431
- Citation
- [2021] NZHC 3431
- Court
- High Court
The plaintiffs' causes of action accrued no later than the dates of the change of herd status (May–July 2008) and the prosecution/acquittal (commenced April 2009; acquitted 8 December 2014); limitation periods under the Limitation Act 1950 expired well before the statement of claim (11 December 2020); plaintiffs failed to plead or prove any arguable fraudulent concealment or late knowledge to postpone or disapply limitation; accordingly the pleading is time-barred and must be struck out as an abuse of process and frivolous/vexatious, and judgment entered for defendants.