New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Effect of settlement agreement

Legal area

Court

21 Feb 2017

ACE-KIRKER AND BAKER v PIPER [2017] NZHC 226

Citation

[2017] NZHC 226
Court

High Court

Summary judgment was dismissed because triable issues of fact and law existed: the 2013 settlement, read in context, resolved a billing dispute and did not preclude the trustees' asserted causes of action; the present proceeding was not an abuse of process because the alleged breaches could not appropriately have been raised as a defence in the earlier billing claim; disputed factual issues remain on standing of the trustees, whether duties survived termination of the retainer, and causation/quantum, so the case must proceed to ordinary hearing.
9 Nov 2005

ACCV KNIGHT HC CHCH CIV-2005-485-1582

Citation

openlaw-4e0d506e_ac72_4a9b_90a5_c79171cea4c8.pdf
Court

High Court

Section 114 requires interest to run from one month after the Corporation has actually received all information necessary to calculate payment; factual findings showed ACC did not receive necessary post-accident earnings information until the dates it identified in 2001–2002, so the ACC interest decision dated 23 October 2002 was correct and the District Court order to recalculate was unsustainable as a matter of law; the statute does not permit retrospective deeming of receipt when it is later shown there was no post-accident income.