8 May 2018
RENIE GIBSON FAMILY TRUSTEE (2016) LIMITED trustee of the RENIE GIBSON FAMILY TRUST v WESTPAC BANKING CORPORATION [2018] NZHC 974
- Citation
- [2018] NZHC 974
- Court
- High Court
The Court refused to strike out or grant summary judgment because limitation and discovery issues, and the possibility of s28(b) postponement for concealment, raised contested factual questions unsuitable for summary disposal; the Fair Trading Act claim raised factual issues of discovery; negligent misstatement and duty of care claims were partly within time for losses occurring after specified dates and could be extended under s28(b) on the pleaded facts; contractual misrepresentation claims were time-barred except for inducement to execute the guarantee (a deed) which falls within 12-year l…