9 Mar 2023
BODY CORPORATE 449665 v CMP CONSTRUCTION LTD [2023] NZHC 449
- Citation
- [2023] NZHC 449
- Court
- High Court
Leave was granted for the late summary judgment application but on the merits the Court found it was reasonably arguable the plaintiffs' late knowledge arose no earlier than October/November 2019 (and in any event not proved to be earlier than three years before issue). CMP therefore failed to prove the s11(3) defence that proceedings were filed at least three years after the late knowledge date and summary judgment/strike out was dismissed.