26 Aug 2010
MOODIE V STRACHAN AND ANOR HC WN CIV 2007-485-002212
- Citation
- openlaw-25a5ed96_2d45_4915_b956_a4d6c195290c.pdf
- Court
- High Court
Applying established contractual interpretation principles the settlement clauses were objectively construed as a full discharge and release of the causes of action relating to the 'Moodie blues' article; because the plaintiff had pleaded joint and several liability against Ellis, APN and Strachan for that publication, the release operated in favour of all joint tortfeasors and accordingly the second cause of action against Strachan (relating to the Listener publication) was struck out; the related parts of Strachan's cross‑claim against APN based on that cause of action were also struck out.