JAQUES v MAIN & ANOR [2015] NZHC 2123

JAQUES v MAIN & ANOR [2015] NZHC 2123

Summary judgment was dismissed because the defendants raised arguable and substantive factual and legal defences (misrepresentation, duress, uncertainty as to who assumed liability, and a real question whether the repayment scheme imposed an unenforceable penalty) such that there were live disputes inappropriate for determination on summary judgment.

Citation
[2015] NZHC 2123
Parties
Plaintiff: DAVID ARTHUR JAQUES; First Defendant: VICTOR RAYMOND MAIN; Second Defendant: THOMAS CLARENCE HODGSON
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 September 2015
Procedural Posture
Civil Contract (summary Judgment) / Summary Judgment Application (dismissed)
Outcome
Summary judgment application dismissed
Legal Topics
Summary Judgment, Penalty Clause, Misrepresentation, Duress, Enforceability, Damages, Share Option, Contract for Services
Contract Civil Procedure Misrepresentation Company Law Equity Summary Judgment Penalty Clause Duress +4 more

Case Brief

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Parties

DAVID ARTHUR JAQUES

Plaintiff

VICTOR RAYMOND MAIN

First Defendant

THOMAS CLARENCE HODGSON

Second Defendant

Procedural Posture

Civil Contract (summary Judgment) / Summary Judgment Application (dismissed)

Legal Issues

  1. 1 Whether misrepresentations made prior to the contract for services could avoid or defeat the later settlement agreement
  2. 2 Whether the defendants signed personally or as directors and thus assumed personal liability under the settlement agreement
  3. 3 Whether the repayment mechanism in the settlement agreement operates as an unenforceable penalty

Ratio Decidendi

Summary judgment was dismissed because the defendants raised arguable and substantive factual and legal defences (misrepresentation, duress, uncertainty as to who assumed liability, and a real question whether the repayment scheme imposed an unenforceable penalty) such that there were live disputes inappropriate for determination on summary judgment.

Court Disposition

Summary judgment application dismissed

Orders

  • Summary judgment dismissed
  • Costs reserved