New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Enforceability of settlement deed

Legal area

Court

31 Mar 2008

MCFARLANE V HALIFAX FINANCE LIMITED HC WN CIV-2007-485-1122

Citation

openlaw-0ab672b4_c037_430d_adee_64aba90e3335.pdf
Court

High Court

Leave to appeal was refused because the assignment relied on by the applicant was not in evidence, the High Court cannot properly admit fresh evidence for determination by the Court of Appeal, and absent that evidence the statutory threshold for leave (a question of law of general or particular importance) could not be established.
20 Dec 2007

MCFARLANE V HALIFAX FINANCE LIMITED HC WN CIV-2007-485-1122

Citation

openlaw-9cd4a6ae_3f6a_4fd8_8d04_4e43dfe5e771.pdf
Court

High Court

The appeal is dismissed because the appellant was aware of the material circumstances when entering the Deed, failed to establish a tenable arguable defence of fraud or concealment to resist enforcement, the proposed fresh evidence failed the tests of freshness, credibility and cogency, and the attempted new defence of breach of good faith could not reopen the settled claim; summary judgment and enforcement of the deed were therefore proper.