Hatea Motors Ltd v Foote - [1993] 1 NZLR 629

Insurance — Liability of insurer — Statutory charge on insurance moneys — Direct claim against insurer — Insurance cover undisputed — Insured absent — Reluctance to proceed against insured — Failure to communicate with insured or insurer for over five years — Delay — Leave to commence direct claim against insurer — Law Reform Act 1936, s 9.

Practice and procedure — Limitation of proceedings — Time for commencing proceeding against insurer under s 9 of the Law Reform Act 1936 - Application for leave to commence proceeding filed before but heard after expiry of limitation period — Law Reform Act 1936, s 9 - Limitation Act 1950, s 4(1).