10 Dec 2021
CHRISTIAN v BAIN [2021] NZHC 3390
- Citation
- [2021] NZHC 3390
- Court
- High Court
On ordinary contractual construction the settlement agreement read as a whole objectively evidenced the parties' intention to reserve the plaintiff's right to continue proceedings against the third defendant; accordingly the release in the settlement did not operate to discharge the third defendant and the strike-out application was dismissed; the court declined to set aside settlement privilege because, given the agreement's clarity, production of without prejudice negotiations would needlessly prolong and delay the proceedings and its probative value was outweighed under s8, though the judg…