Broadcasting Corporation of New Zealand v Progeni International Ltd - [1990] 1 NZLR 109

Practice and procedure — Striking out proceedings — Prior settlement of cause of action — Estoppel — Plaintiff entered into contract with company A relying on reports prepared by associated company B — Subsequent disputes between plaintiff and company A were settled — Plaintiff then sued company B alleging negligent advice — Company B sought dismissal of proceedings on ground that issues had been settled in settlement with company A — Whether proceedings should be dismissed.

Practice and procedure — Limitation of proceedings — In 1980 plaintiff entered into a contract in reliance upon reports furnished by defendant — In 1987 plaintiff issued proceedings against defendant seeking damages for negligent advice — Defendant sought dismissal of proceedings on ground that they were statute-barred — Whether loss arose when contract was signed — Whether proceedings were statute-barred — Limitation Act 1950, s 4.