18 Mar 2016
WEAVER & ANDERSON v HML NOMINEES LIMITED & ORS [2016] NZHC 476
- Citation
- [2016] NZHC 476
- Court
- High Court
The settlement between the plaintiffs and HML did not constitute satisfaction of the stone cladding award as against the Council because the agreement expressly reserved the plaintiffs' rights to enforce the judgment against the Council and the payments made were for specified items (general damages and contribution relating to abandoned appeal issues), not an objective full and final satisfaction of the stone cladding loss; therefore enforcement against the Council will not lead to excessive recovery and the Council's application is dismissed.