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Court of Appeal Wellington
20 November; 19 December 2000
McGrath, Doogue and Young JJ
20 November; 19 December 2000
McGrath, Doogue and Young JJ
Contract — Duress — Whether threats illegitimate pressure — Even if threats amounting to duress made whether agreement could be avoided — Level of coerciveness — Whether respondent acting under duress when steps taken to implement agreement.
Practice and procedure — Summary judgment — Onus of proof on defendant.
Practice and procedure — Mediation — Unusual aspects to mediation — Mediators involved with parties and familiar with facts — Whether mediation “irregular” — Whether relevant to decision on duress.