3 Dec 2008
OSMOSE NEW ZEALAND V WAKELING AND ANOR HC AK CIV 2005-404-7195
- Citation
- openlaw-a509561f_bb2b_4f0b_a925_ce3b3310568f.pdf
- Court
- High Court
The court held that the operative cause of Osmose's failure to bring defamation claims within the two year period was the defendants' failure to make full and proper discovery; that cause was a reasonable cause under s 4(6B) Limitation Act 1950; no prejudice to the additional defendants was shown and the court's residual discretion favoured granting leave; consequently leave was granted to bring the defamation claim out of time and leave was granted to use Arch's discovered documents in the Fair Trading Act proceeding, with directions to amalgamate and fast-track the proceedings.