22 Jun 2022
VIENNA GROUP LTD (in liq) v KERRY LOGISTICS (OCEANIA) LTD [2022] NZHC 1473
- Citation
- [2022] NZHC 1473
- Court
- High Court
At interlocutory stage the Limitation Act defence and contractual exclusion/limitation clauses were not so clearly tenable that strike out or summary judgment was appropriate; factual and interpretative issues (including whether the 'act or omission' for s11 includes Customs' reassessment or continuing omissions and the proper construction of intricate exclusion/indemnity clauses) required full evidence. Consequently strike out and summary judgment applications were dismissed. Given the defendant's risk of unrecoverable costs and the company's insolvency the court exercised discretion to orde…