New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Postponement of limitation

Legal area

Court

12 Apr 2019

BRINSDON v BEAZLEY & ANOR [2019] NZHC 808

Citation

[2019] NZHC 808
Court

High Court

The strike-out applications were dismissed because the plaintiff established an arguable ongoing duty of care post-renewal, an arguable special/fiduciary duty and wilful concealment giving rise to equitable fraud under Limitation Act 1950 s28(b) for pre-2011 omissions, and an arguable late knowledge under Limitation Act 2010 s14 (late knowledge identified in March 2015), such that the claims were not clearly statute-barred and required full factual testing at trial.
31 Oct 2005

PALMER V COMMISSIONER OF INLAND REVENUE HC AK CIV-2004-404-3420

Citation

openlaw-2c933e58_3ad9_4c9a_b388_e1d5a47b7d95.pdf
Court

High Court

The claims were actions founded on simple contract/debts represented by dishonoured cheques and therefore subject to the six year limitation under s 4(1); the causes of action accrued on the dates the cheques were dishonoured; there was no established disability or fraud to postpone limitation and insufficient evidence at this stage to conclude part payment under s 25(4), so the summary judgment dismissal was correct but the District Court order striking out the proceedings was inappropriate given possible further evidence and was set aside to permit discovery and a substantive hearing if the…