The appellants appealed a Master's decision granting the respondents leave to amend their statement of claim to add new defendants and claims for unjust enrichment and conversion after the expiry of the limitation period.
The Superior Court of Justice allowed the appeal, finding that the Master committed a palpable and overriding error.
The respondents failed to adduce any direct evidence to rebut the statutory presumption under section 5(2) of the Limitations Act, 2002, that they knew of the matters underlying the proposed claims when the acts took place.
