Symptoms of Neglect: Trust Claims under the Limitation Act 2010

35 Pages Posted: 16 May 2016 Last revised: 18 May 2016

See all articles by Paul Comrie-Thomson

Paul Comrie-Thomson

Victoria University of Wellington, Faculty of Law, Student/Alumni

Multiple version iconThere are 2 versions of this paper

Date Written: 2014

Abstract

New Zealand's limitation legislation was overhauled with the enacting of the Limitation Act 2010. Despite this comprehensive reform, the way in which trust claims are best to be addressed appears to have been largely overlooked in the reform process. Consequently, the multitude of historic issues that have plagued statutory provisions dealing with trust claims endure in the 2010 Act, with the few changes to the structure of drafting compounding these problems. This paper explores the policy considerations at work, and, by way of example, undertakes a thorough analysis of the exception for fraudulent breaches of trust in light of these policy considerations to illustrate some of the new problems that are bound to arise in practice. Given the numerous and significant difficulties, and the substantial implications for parties seeking to rely on these provisions, this paper argues that a broad reconsideration of the way in which trust claims are dealt with in the 2010 Act is urgently needed.

Keywords: Limitation of Actions, Limitation Act 1950, Limitation Act 2010, Trusts, Breach of Trust, Equity

JEL Classification: K10, K30

Suggested Citation

Comrie-Thomson, Paul, Symptoms of Neglect: Trust Claims under the Limitation Act 2010 (2014). Victoria University of Wellington Legal Research Paper, Student/Alumni Paper No. 12/2016, Available at SSRN: https://ssrn.com/abstract=2779894

Paul Comrie-Thomson (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington
New Zealand

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
24
Abstract Views
371
PlumX Metrics