21 May 2013
ABOUT HEALTH SUPPLEMENTS LTD V CHARNLEY ALSO KNOWN AS LANI LOPEZ HC AK CIV-2011-404-4585
- Citation
- openlaw-151d8c03_e465_4a0f_af27_e15dd7598785.pdf
- Court
- High Court
The settlement agreement was unconditional and operated to extinguish antecedent claims; cancellation under the Contractual Remedies Act is prospective only and does not revive or reinstate settled causes of action, which must instead be pursued as breaches of the settlement agreement under the Act; accordingly the first to fourth causes of action were plainly untenable and were struck out, while factual issues as to whether the ninth and tenth causes fall outside the settlement provisions require trial and were not struck out.