17 Dec 2009
MINISTER OF EDUCATION V ARGON HC AK CIV-2008-404-004551
- Citation
- openlaw-17fa7933_5e31_4c4c_851d_b3312edae921.pdf
- Court
- High Court
The strike-out applications were dismissed as premature because the statement of claim is insufficiently particularised; under s 393(2) Building Act 2004 the 10-year longstop excludes the day of the act or omission, so proceedings filed 17 July 2008 can only assert liability for building work carried out from midnight on 17-18 July 1998 onward; acts or omissions prior to that date are statute-barred and cannot be the basis of the claims, but the plaintiff may plead and prove liability based on acts, omissions or ongoing obligations on or after that cutoff date.