T v H - [1995] 3 NZLR 37

Practice and procedure — Limitation of proceedings — Disability — Plaintiff issuing proceedings against deceased tortfeasor for trespass to person arising from sexual abuse of plaintiff when child — Plaintiff claiming failure to institute proceedings arising from disability caused by psychological effects of abuse — Whether disability enabling extension of time for bringing proceedings against deceased tortfeasor — Limitation Act 1950, ss 24 and 33 — Law Reform Act 1936, s 3.

Practice and procedure — Limitation of proceedings — Cause of action — Plaintiff filing interlocutory application for directions as to intended proceedings against deceased tortfeasor for trespass to person arising from sexual abuse of plaintiff when child — Whether continuing cause of action to date of death of tortfeasor — Whether proceedings issued within 12 months of representative of tortfeasor's estate taking out representation — Law Reform Act 1936, s 3.