High Court Wellington
14, 28 November 1958; 25 May 1959
Turner J.
14, 28 November 1958; 25 May 1959
Turner J.
Limitation of actions — Application to bring Action out of Time — Claim against Local Authority — Harbour Board — 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 — Board so inducing Mistake on Intending Plaintiff's Part — Delay occasioned by "mistake or by any other reasonable cause" — Competing Detriments — Board's Conduct Major Factor in bringing about Intending Plaintiff's Delay — Leave given to bring Action out of Time — Limitation Act 1950, s. 23 (1) (a), (2).
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