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.