EQ v B Ltd [2023] NZDT 504 (13 October 2023) [pdf, 198 KB]
...lapse of time. B Ltd said that the relevant staff members were no longer with the company, and practices have changed in the years since EQ’s treatment. Difficulties in defending old claims due to records being lost and memories fading over time form part of the rationale behind having limitation periods, and could also be a reason to view a claim under the CGA as having been waived by such a long delay. However, it is unnecessary to decide CI0301_CIV_DCDT_Order Page 2 of 3 w...