Smith v Wilkins and Davies Construction Company Limited - [1958] NZLR 958

Practice — Statement of Claim — Amended Statement of Claim introducing New Cause of Action barred by Limitation Act 1950 — Defendant deprived of Benefit under that Statute — Plaintiff's Right to apply for Leave to Bring Action out of Time — Court's Discretion more properly exercisable on that Application — Amendment Struck out — Code of Civil Procedure, RR. 144, 270, 271

Limitation of actions — Action in Respect of Bodily Injury — Amended Statement of Claim introducing New Cause of Action barred by Limitation Act 1950 — Right to apply for Leave to bring Action available to Plaintiff — Amendment Struck out — "Cause of action" — Limitation Act 1950, s. 4 (7).