New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Release clause

Legal area

Court

18 Nov 2021

FIBRETECH HOLDINGS LTD v VERO INSURANCE NEW ZEALAND LTD [2021] NZHC 3104

Citation

[2021] NZHC 3104
Court

High Court

The settlement agreement's release clause, construed objectively and read with its recitals, was sufficiently clear and all‑encompassing to discharge Vero from any claims arising directly or indirectly out of or in connection with the earthquake activity and the policy (including the claim for return of premiums); accordingly summary judgment for Vero was justified and FibreTech's appeal was dismissed.
9 Nov 2018

THE FISHBOWL TRUSTEE LTD as trustee of THE FISHBOWL TRUST v DOWNTOWN HOUSE (No 2) LTD [2018] NZHC 2892

Citation

[2018] NZHC 2892
Court

High Court

The guarantee limited the Guarantor's monetary liability to $500,000 and defined Guaranteed Money as the sums the Guarantor was liable to pay under the deed; Fishbowl paid that capped sum and clause 16.1 therefore required Downtown to release Fishbowl and the caveat, so Downtown could not retain the caveat after receipt of all Guaranteed Money.