G v G D Searle and Co - [1995] 1 NZLR 341

Practice and procedure — Limitation of proceedings — Personal injury arising from insertion of intrauterine device in 1981 — Plaintiff claiming loss discovered in 1991 — Plaintiff filing "master" statement of claim stating that proceedings not statute-barred and that application for leave under s 4(7) of Limitation Act 1950 would be made if necessary — Defendant applying to strike out proceedings as statute-barred — Test to be applied — Whether plaintiff required to file application for leave to file proceedings — Limitation Act 1950, s 4(7).

Practice and procedure — Limitation of proceedings — Personal injury arising from insertion of intrauterine device in 1981 — Plaintiff claiming loss discovered in 1991 — Whether proceedings statute-barred — Whether time runs from date cause of damage discovered by plaintiff — Limitation Act 1950, s 4(7).