11 Feb 2020
TUV v CHIEF OF NEW ZEALAND DEFENCE FORCE [2020] NZCA 12
- Citation
- [2020] 2 NZLR 446
- Court
- Court of Appeal
S 149 does not operate as a statutory bar to setting aside a settlement that is void or voidable for reasons such as incapacity; the orthodox two‑limb test of O'Connor v Hart applies in the employment context so a settlement entered into by an incapacitated employee is voidable only if the employer knew or ought to have known of the incapacity; on the facts the employer did not know and the settlement was therefore binding.