22 Dec 2005
HENRY V BROOKFIELDS HC AK CIV 2005-404-3351
- Citation
- openlaw-7e8f195f_5a39_4d4b_bf5d_ae48910759bd.pdf
- Court
- High Court
The contract cause of action was barred by the 30 August 2004 settlement with Ms Southwick; although tort and fiduciary causes are not automatically discharged by that settlement under partnership statutory provisions, the second proceeding seeks to re-litigate the same matters the plaintiff agreed were fully and finally settled with Southwick and therefore, applying the Henderson v Henderson principle, the entire statement of claim is an abuse of process and must be struck out. The material before the Court did not establish that Southwick had authority to bind the firm so as to create an ac…