23 Nov 2011
LORENZEN V CULLEN HC HAM CIV 2011-419-301
- Citation
- openlaw-ad9d9402_dba1_4b8d_b88c_84f387fb9260.pdf
- Court
- High Court
The court held that the contract and negligence causes accrued on registration of the transfer on 6 May 2004, at which point the plaintiffs suffered quantifiable loss (an unprotected equitable interest); accordingly all three pleaded causes of action, as drafted, are barred by s 4 Limitation Act 1950 because the proceeding filed 8 March 2011 was outside the six-year limitation period; the third cause was not struck for disclosing no arguable cause provided amendment may be possible.