ANGLAND & ORS v MOWER & ORS [2016] NZHC 1014

ANGLAND & ORS v MOWER & ORS [2016] NZHC 1014

The written settlement constituted an accord and conditional satisfaction that was conditional only on payment being made in full; payment to Mr Mower triggered the contract obligations and the agreement became unconditional on payment, requiring discontinuance of proceedings. Because payment occurred and the...

Source-derived case information.

Citation
[2016] NZHC 1014
Parties
First Plaintiff: John Shearer Angland; Second Plaintiff: Trevor John Burt; Third Plaintiff: Michael Tong Chee Chin; Defendant: Thomas Elwin Mower; First Counterclaim Defendant: Phillip Boyd Wilson; Second Counterclaim Defendant: Ronald W Angland & Son
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 May 2016
Procedural Posture
Civil; Settlement Enforcement / Strike Out Application / Application to Strike Out Counterclaim After Settlement Agreement
Outcome
Counterclaim by Ronald W Angland & Son struck out
Legal Topics
Settlement Agreement, Accord and Conditional Satisfaction, Strike Out, Abuse of Process, Estoppel by Convention, Costs
Contract Civil Procedure Conflict of Laws Judgment Enforcement Settlement Agreement Accord and Conditional Satisfaction Strike Out Abuse of Process +2 more

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Parties

John Shearer Angland

First Plaintiff

Trevor John Burt

Second Plaintiff

Michael Tong Chee Chin

Third Plaintiff

Thomas Elwin Mower

Defendant

Phillip Boyd Wilson

First Counterclaim Defendant

Ronald W Angland & Son

Second Counterclaim Defendant

Procedural Posture

Civil; Settlement Enforcement / Strike Out Application / Application to Strike Out Counterclaim After Settlement Agreement

Legal Issues

  1. 1 Whether the settlement agreement was conditional on Mr Mower taking the steps required by the Mower/Angland settlement term or was unconditional
  2. 2 If conditional, whether Mr Mower performed the required steps so that RWAS's counterclaim should be struck out

Ratio Decidendi

The written settlement constituted an accord and conditional satisfaction that was conditional only on payment being made in full; payment to Mr Mower triggered the contract obligations and the agreement became unconditional on payment, requiring discontinuance of proceedings. Because payment occurred and the settlement became unconditional, RWAS's counterclaim was an abuse of process or no longer reasonably arguable and was struck out.

Court Disposition

Counterclaim by Ronald W Angland & Son struck out

Orders

  • Counterclaim by Ronald W Angland & Son struck out against Thomas Elwin Mower
  • Costs awarded to the Defendant (Thomas Elwin Mower) on a 2B basis with disbursements to be fixed by the Registrar if necessary