New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Witnessing formalities
  • 21 Apr 2011

    E V N HC WHA CIV-2010-488-000767

    Citation
    openlaw-83bde29b_473d_4726_bd9d_97af4985d468.pdf
    Court
    High Court

    The appeal was dismissed because the High Court found on the balance of probabilities that the appellant had signed the agreement in the presence of the solicitor witness whose evidence was credible, satisfying the statutory execution requirements for a deed, and that although the respondent applied pressure, that pressure was lawful and not illegitimate so as to amount to duress; the appellant had time to consider the agreement, was of mature age, could have sought advice, and acted in accordance with the agreement thereafter, so it was binding.