New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Accord and conditional satisfaction

Legal area

Court

18 May 2016

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

Citation

[2016] NZHC 1014
Court

High Court

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.
8 Jul 2011

HUMPHRIES V CARR COA CA565/2010

Citation

COA CA565/2010
Court

Court of Appeal

The ASA was an accord and conditional satisfaction which only discharged existing claims upon performance; because settlement did not occur and the ASA was validly cancelled the parties reverted to their pre-existing rights and obligations, and the principle preventing a party taking advantage of his own wrong did not bar the respondent from enforcing a pre-existing order for specific performance obtained prior to the ASA.