New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Duty to cooperate

Legal area

Court

7 Oct 2014

KATHRYN FRANCES BOSWELL v OWEN ROSS MILLAR [2014] NZSC 136

Citation

[2014] NZSC 136
Court

Supreme Court

Leave to appeal was dismissed because the issues were fact‑specific, had been thoroughly considered and resolved against the applicant by the High Court and Court of Appeal, the claims for legal costs as damages are contrary to established principle, the contractual instruments were interpreted against the applicant, and there was no point of public or general commercial importance nor any appearance of miscarriage of justice warranting leave.
10 Jul 2014

BOSWELL v OWEN ROSS MILLAR CA293/2013 [2014] NZCA 314

Citation

[2014] 3 NZLR 332
Court

Court of Appeal

The appeal is dismissed because on the evidence the respondent did not breach the settlement agreement (the duty to cooperate was met in context; the respondent pursued the application and appeal and could not be shown to have known it would fail), the appellant failed to prove causation or loss from asserted lack of cooperation, legal costs incurred in attempting to enforce or compromise claims are not recoverable as damages, the settlement was a compromise not a determination entitling set-off, and there was no demonstrated judicial bias; further evidence was not fresh and was excluded.