27 Oct 2011
HOLMES CAPITAL LTD V MARRA HC AK CIV-2009-463-822
- Citation
- openlaw-bf7a1fd8_7b58_4cde_84d6_370f89095225.pdf
- Court
- High Court
Court accepted unchallenged evidence that Ashworth Ventures provided the advances; found the settlement was a genuine compromise supported by consideration because Ashworth reasonably and in good faith asserted a 50/50 claim; and held duress was not established because negotiations were prolonged, arm's-length, produced concessions protecting defendant, and subsequent conduct (transfer and sale of boat, payments) evidenced voluntary agreement. Judgment for plaintiff was therefore entered for the outstanding debt with interest and costs.