New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Construction of settlement agreement

Legal area

Court

19 Sept 2017

INTELACT LIMITED v FONTERRA TM LIMITED [2017] NZHC 2267

Citation

[2017] NZHC 2267
Court

High Court

Costs were awarded to the successful defendants assessed on Category 2 Band B for all steps; no uplift was justified because the plaintiffs' arguments had legal merit and were not unreasonable; no allowance was made for second counsel as second counsel did not take an active part.
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.