15 Dec 2016
ROOSE v DUTHIE [2016] NZCA 600
- Citation
- (2016) 24 NZCPR 255
- Court
- Court of Appeal
The Court held that on the pleaded facts this was potentially a 'no transaction' case where taxable income was derived only on settlement (2 May 2008) so the tort cause of action may have accrued on that date and therefore may be within the limitation period; further, postponement under s 28 could apply if pleadings and evidence establish wilful concealment by a party under a duty to disclose, so the High Court's determinations that the claims were time-barred were set aside and the matter remitted for amended pleadings and trial direction.