30 Mar 2012
BODY CORPORATE 180379 AND DONK PROPERTIES LIMITED V AUCKLAND COUNCIL HC AK CIV-2011-404-005330
- Citation
- openlaw-5b2b1ffa_4d1f_458f_9b06_3a0b4d8683bc.pdf
- Court
- High Court
The High Court allowed the appeal: where an assignor (the Watsons) validly commenced a claim within the limitation period under the 2002 Act and thereafter assigned the cause of action to the purchaser (Donk) before the 2006 Act transition date, the assignment did not require Donk to file a new claim within the limitation period nor was the assignment rendered ineffectual as against the Council for the purposes of defeating the claim; Mountain Road did not defeat the appellants because the assignor had commenced proceedings in time and could continue the action for the assignee's benefit wher…
- Weathertight homes resolution services act 2002 and 2006
- Assignment of choses in action
- Representative multi-unit claims
- Limitation period (10 years)
- Effect of transitional provisions