Court of Appeal Wellington
CA805/2010; [2011] NZCA 346
23 June; 26 July 2011
O'Regan, Glazebrook and Arnold JJ
CA805/2010; [2011] NZCA 346
23 June; 26 July 2011
O'Regan, Glazebrook and Arnold JJ
Evidence — Admissibility — Privilege for settlement negotiations — "Without prejudice” rule — Exception to privilege to prove existence of settlement agreement — Whether parties could contract out of statutory exception — Whether evidence could be adduced as to alleged oral settlement at mediation — Evidence Act 2006, ss 53 and 57(3)(b).
Alternative dispute resolution — Mediation — Interpretation of mediation agreement — Whether mediation agreement required settlement to be written and signed to be effective — Whether party to mediation able to assert oral agreement.
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