Humphrey v Fairweather - [1993] 3 NZLR 91

Practice and procedure — Limitation of proceedings — Claim in tort for damage allegedly arising from negligent construction and inspection of residential building — House suffered subsidence — Defence that claim barred by Limitation Act — Doubt as to date of discoverability of damages — Whether onus on plaintiff to prove that claim brought within time or onus on defendant to prove that claim was brought out of time — Limitation Act 1950, s 4.