31 Mar 2014
CHAN and CH'NG v KING [2014] NZHC 774
- Citation
- [2014] NZHC 774
- Court
- High Court
The amendment to plead that the plaintiffs also sue as trustees did not introduce a new statute-barred cause of action under r 7.77(2) because the substantive common law negligence claim and the material facts relied upon remained the same; the change merely affects the capacity in which damages, if recovered, will be held (trust for the daughter) and caused no prejudice given the defendant's prior awareness that investments were in the daughter's name, therefore the strike-out application failed and leave to amend was granted.
- Assumption of responsibility
- Statute-barred causes of action
- Third-party loss
- Misnomer versus misidentification
- Strike-out under r 7.77(2)