Court of Appeal Wellington
CA 86/04
9, 10 May; 22 December 2005
Anderson P, Hammond and Chambers JJ
CA 86/04
9, 10 May; 22 December 2005
Anderson P, Hammond and Chambers JJ
Commercial law — Securities Act 1978 — Forestry investment scheme — Whether minimum amount payable for participatory securities paid to, and received by, issuer within four months after date of registered prospectus — Whether cheque to be held and “offset” against debt from partnership was “payment of money” made within time — Illegal Contracts Act 1970.
Practice and procedure — Limitation — Whether “reasonable discoverability” test was a general test to be applied to all causes of action — Whether respondents had to prove that claims were frivolous, vexatious, or an abuse of process — Whether claims in negligence and breach of trust should be struck out — Limitation Act 1950, ss 24(3) and 28.
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