27 Jul 2023
RED STAG TIMBER LIMITED v JUKEN NEW ZEALAND LIMITED [2023] NZHC 1979
- Citation
- [2023] NZHC 1979
- Court
- High Court
The 6ASOC was dismissed because it impermissibly sought to rely on JNL's pre‑December 2012 conduct to support claims for losses after December 2012; s43A bars the making of orders based on loss discovered more than three years earlier, and while pre‑December 2012 conduct may be pleaded as background it cannot be relied on to establish recoverable loss after December 2012.