Lee v Lee

[2014] NZCA 403

IN THE COURT OF APPEAL OF NEW ZEALAND

CA546/2013
[2014] NZCA 403

BETWEEN	ROBERT LEE AND HELEN HEARD Applicants
AND	GREGORY LEE Respondent

Hearing:	11 August 2014
Court:	O’Regan P, Randerson and Harrison JJ
Counsel:	Applicants in person M S McKechnie for Respondent
Judgment:	18 August 2014 at 12.30 pm

JUDGMENT OF THE COURT

ALeave to appeal is granted on the questions of whether the High Court was correct that: (a) the claim was statute barred; and (b) the claim should be struck out.

BCosts are reserved.

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REASONS OF THE COURT

(Given by Harrison J)

These issues will require particular consideration by the parties: (a) when the cause or causes of action arose; (b) whether the claim is founded upon one or more of the deeds or on some other legal basis; and (c) whether the claim is equitable in nature with the result that it was not subject to a statutory time limit. 

Solicitors:
Holland Beckett, Rotorua for Respondent