3 Dec 2020
COOMBE v JENKISON [2020] NZHC 3178
- Citation
- (2020) 25 PRNZ 530
- Court
- High Court
On the pleaded facts and evidence before the Court the plaintiffs did not, and ought not reasonably to have, gained the s14 late knowledge in 2014; the Patterson letter and the August 2014 opinion did not give rise to a reasonable basis to conclude PJO had been negligent and caused loss. The earlier documents indicated potential issues but also advice that intestacy was unlikely, so limitation did not clearly run. Because the limitation defence was not so clearly dispositive and estoppel remained a viable factual defence to be tested at trial, the application to strike out or grant summary ju…