4 Feb 2022
RED STAG TIMBER LTD v JUKEN NEW ZEALAND LTD [2022] NZHC 103
- Citation
- [2022] NZHC 103
- Court
- High Court
On the facts and applying the essential difference test, the Court held on balance that the claim for representations made prior to December 2012 was not essentially different from the later claim because the core allegation (use of boron treatment that was non-compliant) was the same across periods; therefore the earlier claim retained the knowledge date of 17 November 2014 for limitation purposes and was not susceptible on the pleaded material to summary dismissal on limitation grounds. However the limitation point raised an arguable error of law warranting leave to appeal; JNL was granted…