Black v Lagoon Lodges Properties
[2015] NZHC 29
•22 January 2015
IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CIV 2013-409-000759
CIV 2013-409-000760
CIV2013-409-000761 [2015] NZHC 29
BETWEEN LESLIE ALLAN BLACK and LESLEY
ANN BLACK and ORS First to Thirteenth Plaintiffs
AND
LAGOON LODGES PROPERTIES LIMITED
First Defendant
NEVILLE IAN CANT Second Defendant
DOYLE FINANCIAL SERVICES LIMITED
Third Defendant
STEPHEN MURRAY DOYLE Fourth Defendant
MDS LAW Fifth Defendant
Judgment: 22 January 2015
RECALL JUDGMENT OF WHATA J
[1] As foreshadowed in my minutes of 14 and 19 January 2015, and there being no objection, my judgment of 19 December 2014 is recalled and I have made the following amendments: 1
(a) altering the reference to 13 April 2007 at para [53] to 18 April 2013.
(b) altering the reference to 11 April 2013 at para [54] to 18 April 2013.
1 Black v Lagoon Lodges Properties Ltd [2014] NZHC 3336.
BLACK and ORS v LAGOON LODGES PROPERTIES LIMITED [2015] NZHC 29 [22 January 2015]
(c) altering the reference to 13 April 2007 at para [57] to 18 April 2007. (d) altering the reference to 13 April 2007 at para [59] to 18 April 2007.
[2] In my decision dated 19 December 2014 in this matter I resolved to dismiss an application to strike out three related proceedings, but I accepted that transfers of monies made more than six years prior to the commencement of the proceedings were time barred. On reviewing the decision I noted errors relating to the date of commencement of the proceedings. While these errors were not material to the outcome (as the relevant transfers occurred well before the six year limitation), I considered that these errors should be corrected.
[3] For completeness I have taken the opportunity to amend the intituling to include all three proceedings.
Solicitors:
Hope & Associates Legal, Oamaru
Gresson Dorman, Timaru
Duncan Cotterill, Auckland
Heartland Law Limited, Timaru
Anderson Lloyd, Dunedin