Supreme Court of New Zealand Wellington
SC 15/2006 & 17/2006; [2007] NZSC 27
21, 22 November 2006; 1 May 2007
Blanchard, Tipping, McGrath, Gault and Henry JJ
SC 15/2006 & 17/2006; [2007] NZSC 27
21, 22 November 2006; 1 May 2007
Blanchard, Tipping, McGrath, Gault and Henry 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 “payment of money” made within time — Illegal Contracts Act 1970.
Practice and procedure — Limitation — Whether “reasonable discoverability” general test to be applied to all causes of action — Whether to be extended to claims in negligence and breach of trust in present case — Limitation Act 1950, ss 4(3) and 28.
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