21 Mar 2014
Leave to appeal was granted because the Employment Court's interlocutory decision raised three questions of law that are of general and public importance, involve statutory interpretation of ss179(1) and 187(1) and the enforceability of settlement agreements, and can be resolved now because they depend on documentary material rather than factual findings.
19 Nov 2010
Clause 5(i) of the written mediation agreement was a clear and deliberate agreement by the parties to render mediation communications inadmissible except as provided in clause 5(iv); applying s12 of the Evidence Act 2006 (having regard to ss6–8 and relevant common law), the court held that the parties' private agreement must be enforced and therefore the defendants may not rely on s57(3) to admit the disputed mediation communications in this proceeding.
5 Sept 2008
Because Messrs McCloy and Waller were liquidators of the Bridgecorp parent and partners in the same firm as persons who were alleged to have directed or caused loss (notably Mr Carter and Mr Longley), they had conflicts of interest that made them inappropriate to be appointed as liquidators of Real Estate Assets Limited notwithstanding potential cost savings; independent joint liquidators were appointed instead.
20 Dec 2007
On the evidence misrepresentation was not established and in any event the parties did not objectively intend to be immediately bound at the conclusion of the settlement conference; crucial terms (notably the precise location of the cutting and the detailed mechanism for any alternative works) remained unresolved and the agreement was therefore too uncertain to be specifically enforced; claim fails and judgment entered for Pouto.