New Zealand Case Law: Decisions & Judgments

ALAN JOHN LAURENSON V SMITH & PARTNERS HC AK CIV 2012-404-001206

Citation

openlaw-a2cd9722_47e7_4888_b852_283872a1c9dd.pdf

Court

High Court

The court held the cause of action accrued on 16 May 2005 because the recoverable losses (share value, lost business opportunity, costs) arose when the adverse judgment was delivered; therefore the claim issued on 5 March 2012 was outside the six year limitation period and was struck out as time barred and an abuse of process.

25 Feb 2008

K F SZE V FLETCHER RESIDENTIAL LIMITED TRADING AS FYFE HOMES AND ANOR HC AK CIV 2006-404-006731

Citation: openlaw-18cfee90_9b0f_4508_a4ab_f5d392071086.pdf
Court: High Court

The court held the negligence, fiduciary and contractual mistake claims against the second defendant are untenable: negligence and analogous fiduciary claims accrued at settlement or when settlement was reported and are statute barred by Limitation Act 1950 s4(1)(a); the pleaded allegation of equitable fraud/wilful concealment under s28 is insufficiently particularised and unsupported by evidence and cannot postpone limitation; Contractual Mistakes Act relief is excluded for mistakes of interpretation (s6(2)(a)) and the pleaded mistakes cannot succeed. Accordingly all causes of action against…