New Zealand Case Law: Decisions & Judgments

Topic

Late knowledge

Legal area

Court

30 Oct 2023

KERRY LOGISTICS (OCEANIA) LTD v VIENNA GROUP LTD (IN LIQUIDATION) [2023] NZCA 536 [30 October 2023]

Citation

[2023] NZCA 536
Court

Court of Appeal

The Court held the last relevant act or omission for s 11 purposes was the issuance of the Customs Assessment Notice on 5 June 2015 which created the debt; the primary six-year limitation period therefore expired on 5 June 2021 and Vienna's claim filed 30 June 2021 is time-barred, entitling Kerry to summary judgment; alternatively Kerry's liability was excluded by clear contractual clause 13.2(c).
9 Mar 2023

BODY CORPORATE 449665 v CMP CONSTRUCTION LTD [2023] NZHC 449

Citation

[2023] NZHC 449
Court

High Court

Leave was granted for the late summary judgment application but on the merits the Court found it was reasonably arguable the plaintiffs' late knowledge arose no earlier than October/November 2019 (and in any event not proved to be earlier than three years before issue). CMP therefore failed to prove the s11(3) defence that proceedings were filed at least three years after the late knowledge date and summary judgment/strike out was dismissed.
12 Apr 2019

BRINSDON v BEAZLEY & ANOR [2019] NZHC 808

Citation

[2019] NZHC 808
Court

High Court

The strike-out applications were dismissed because the plaintiff established an arguable ongoing duty of care post-renewal, an arguable special/fiduciary duty and wilful concealment giving rise to equitable fraud under Limitation Act 1950 s28(b) for pre-2011 omissions, and an arguable late knowledge under Limitation Act 2010 s14 (late knowledge identified in March 2015), such that the claims were not clearly statute-barred and required full factual testing at trial.
6 Jun 2018

WINTON v WINTON [2018] NZHC 1323

Citation

[2018] NZHC 1323
Court

High Court

Joinder of the two adult children was granted because they share a common interest with the applicant and their presence is necessary to determine all matters in dispute; potential prejudice and delay from joinder were insufficient to refuse joinder. The application to backdate the joinder was dismissed because orders normally operate from the date made, limitation issues are to be resolved at substantive hearing and the court lacked a full evidential picture to justify an exceptional backdating order.

New Zealand Case Law

KERRY LOGISTICS (OCEANIA) LTD v VIENNA GROUP LTD (IN LIQUIDATION) [2023] NZCA 536 [30 October 2023]

BODY CORPORATE 449665 v CMP CONSTRUCTION LTD [2023] NZHC 449

BRINSDON v BEAZLEY & ANOR [2019] NZHC 808

WINTON v WINTON [2018] NZHC 1323