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Auckland Harbour Board v Cooke - [1960] NZLR 94

$30.00

Court of Appeal Wellington
20 October; 16 November 1959
Gresson P., North J., Cleary J.
Limitation of actions — Action against Local Authority — Harbour Board — Application to bring Action out of Time — Accident occurring in Building Work — Notice of Intended Action not given until Fourteen Months thereafter — Board materially prejudiced by Delay — Intending Plaintiff misled by Doctors and Surgeon nominated by Board into Belief of Early Recovery — Delay occasioned by "mistake or by any other reasonable cause" — Intending Plaintiff Excused for Delay in bringing Action within Statutory Period — Action not to be barred simply because Statutory Notice not given for a Period of Seven Weeks after Intending Plaintiff had received an Injury not regarded as Serious or Likely to result in Permanent Disablement — Limitation Act 1950, s. 23 (1) (a), (2).

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