10 Dec 2013
RYAN v SOVEREIGN ASSURANCE COMPANY LIMITED & ANOR [2013] NZHC 3300
- Citation
- [2013] NZHC 3300
- Court
- High Court
On the interlocutory applications the Court held that the FTA claim and the negligence claim could not be struck out or summarily dismissed because material factual disputes (when proposals were completed and lodged) and the arguable application of s28(b) meant it was not plain the claims were time-barred; however the equitable estoppel cause of action is struck out because the claim parallels the time-barred legal causes and is therefore barred by limitation by analogy.