Black v Lagoon Lodges Properties

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

CaseChat Overview and Summary

The High Court of New Zealand in Christchurch heard a case involving Leslie Allan Black and Lesley Ann Black, among others, suing Lagoon Lodges Properties Limited, Neville Ian Cant, Doyle Financial Services Limited, Stephen Murray Doyle, and MDS Law. The plaintiffs sought to recover monies allegedly misappropriated through various financial transactions. The defendants argued that the claims were time-barred and that the plaintiffs had failed to state a valid cause of action.

The court had to determine whether the plaintiffs' claims were statute-barred due to the time elapsed since the alleged misappropriations occurred, and whether the plaintiffs had adequately stated a cause of action. The central issue was whether the plaintiffs' claims, particularly those involving transfers of money more than six years prior to the commencement of the proceedings, were barred by the Limitation Act. The court also had to consider the adequacy of the pleadings and whether they disclosed a reasonable cause of action.

The court recalled its earlier judgment and amended several dates to correct factual inaccuracies, although these corrections did not affect the outcome as the relevant transfers occurred well before the limitation period. The court held that while the claims involving the older transfers were indeed time-barred, the plaintiffs had adequately pleaded their claims concerning the more recent transfers, and these claims were not statute-barred. The court dismissed the defendants' application to strike out the proceedings and allowed the claims concerning the non-time-barred transfers to proceed.

The court ordered that the proceedings would continue, with the amendments to the dates being incorporated into the case title. The claims involving transfers more than six years prior to the proceedings were dismissed as time-barred, while the claims concerning more recent transfers were allowed to proceed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established