Arena Living Holdings Ltd v Lendlease Capital Services Pty Ltd - [2021] 3 NZLR 135

Contract — Agreement for sale and purchase — Breach of warranties of watertightness and maintenance — Same defects in both claims — Limitation defence in respect of maintenance warranty — Whether notice given in writing before expiry date — Whether reasonable reader’s knowledge of background enabled inferences to be drawn with respect to maintenance warranty — other warranties — Whether nature of leaky building claims justified open-ended claims.

Practice and procedure — Striking out — Application to strike out claim because notice not given within time — Whether claim bound to fail because of defence — Whether realistic basis for defeating limitation shown — Whether factual uncertainty.