3 Feb 2023
ENGLISH v FOLEY [2023] NZHC 84
- Citation
- [2023] NZHC 84
- Court
- High Court
The restitutionary/loss‑of‑opportunity claim was struck out because the settlement agreement remained in force and the alleged benefit the plaintiff sought to recover was not a benefit obtained by the defendants as a result of the breaches but was obtained under the settlement itself; the disputed damages therefore arose from the subject matter of the earlier Dispute and were barred by the settlement deed's broad full‑and‑final clause (including 'claims... arising out of the Dispute'); consequently the pleaded restitutionary claim was clearly untenable and properly struck out on the pleadings.