Dorchester Finance Limited v Deloitte & Perpetual Trust Limited - SC 47/2012
Summary
Civil Appeal – Contract Law –Whether the Court of Appeal erred in concluding that the “Limit on Action” clause at issue in this case did not have the effect of extinguishing the underlying debt to which it applies – Whether the Court of Appeal erred in failing to apply the fundamental principles of the law of contract – Whether the Court of Appeal erred in concluding that a limit on action clause did not have substantive effect – Whether the Court of Appeal erred in its construction of the subject limit on action clause.[2012]NZCA 226 CA 57/2011
Additional Information
The application for leave to appeal is dismissed.
The applicant is to pay costs of $5,000 to each respondent, plus all reasonable disbursements, to be fixed if necessary by the Registrar.
11 September 2012.