2 Jun 2015
WANGANUI DISTRICT COUNCIL v MWH NEW ZEALAND LIMITED [2015] NZHC 1198
- Citation
- [2015] NZHC 1198
- Court
- High Court
The strike-out application was dismissed because, applying the high threshold for summary disposal, it was not plain the Council's claim based on the concept design was statute-barred: while many pleaded breaches occurred before 30 August 2007, there was insufficient evidence to conclude as a matter of law that no continuing duty or later accrual (including under a Hamlin/latent-defect approach) could apply; the limitation issue involved contested facts and unsettled points of law better resolved at trial, and the Court declined to exercise its discretion to strike out given overlapping issue…