Interlocutory application to strike out claim — caveat — fraud — statute of limitations — Land Transfer Act 1952 s 146 — District Court Rules 2014 — High Court Rules 2008. Te Kauwhata Developments Limited alleged that Trustees Executors Limited lodged a caveat on the title to a property it owns without reasonable cause, therefore, they seek compensation for this. Trustees Executors Limited had applied to strike out the claim on the basis that it is statute-barred and an abuse of the process of the Court. The key issue the Court had to determine was whether the 6 year limitation period runs from the date the caveat was lodged or from when the applicant sustained damage. The Court found that the claim is not statute barred and is supported by observations in the case law and by the necessary elements to a cause of action. The application to strike out is declined and the issue as to if damage was in fact suffered would need to be determined at trial. Judgment Date: 13 March 2017.