30 Mar 2015
DLR v P [2015] NZHC 603
- Citation
- [2015] NZHC 603
- Court
- High Court
The High Court held that the parties, through their counsel, reached a binding settlement when terms were agreed and accepted by email on 2 December 2013; the requirement to discontinue proceedings was a contractual term rather than a condition precedent and DLR was bound despite subsequently changing her mind. However the Family Court's order requiring DLR to pay costs of counsel appointed to assist was quashed for breach of natural justice (no notice/opportunity to be heard) and/or jurisdictional doubt; a potential s 15 claim was not extinguished by the settlement and remains open and is re…