3 Jun 2022
TUV v CHIEF OF NEW ZEALAND DEFENCE FORCE [2022] NZSC 69
- Citation
- [2022] NZSC 69
- Court
- Supreme Court
The Supreme Court dismissed the appeal and held that, in the employment jurisdiction, settlement agreements certified under s 149 ERA are governed by the ERA framework such that the common law rule in O'Connor v Hart applies: a contract is not voidable for mental incapacity unless the other contracting party had actual or constructive knowledge of the incapacity (or equitable fraud is shown). The Court held s 108B PPPRA does not displace that ERA scheme for s 149 certified settlements in the present context, and accordingly the settlement was not set aside because the respondent lacked actual…