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Craig Duthie and Kirsten Taylor-Ruiterman, and DRK Chartered Accountants Limited v Denise Michelle Roose, and Denise Developments Limited, and DMR Development Limited - SC 10/2017

Media releases

Summary

Civil Appeal – Whether the Court of Appeal erred in finding that the causes of action brought by the respondents in tort were not time barred.

Result

A The application for leave to appeal is granted (Roose v Duthie [2016] NZCA 600).
B The approved question is whether the Court of Appeal was right to find that the cause of action in tort accrued when the agreement for sale and purchase between Denise Developments Ltd and DMR Development Ltd was settled rather than when the agreement became unconditional.
2 May 2017
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A The appeal is dismissed.
B The appellants are to pay costs of $25,000 to the respondents and reasonable disbursements.
6 October 2017

Hearing Transcripts

Related Documents

Leave judgment - leave granted — DUTHIE AND TAYLOR-RUITERMAN v DENISE MICHELLE ROOSE [2017] NZSC 57 [2 May 2017] (PDF 66 KB)

High Court decision — ROOSE v DUTHIE [2015] NZHC 2035 [27 August 2015]

Court of Appeal decision — ROOSE v DUTHIE [2016] NZCA 600 [15 December 2016]

Substantive judgment — CRAIG DUTHIE AND KIRSTEN TAYLOR-RUITERMAN v DENISE MICHELLE ROOSE [2017] NZSC 152 [6 October 2017] (PDF 134 KB)