Source: All England Reporter
Publisher Citation: [2002] All ER (D) 104 (Oct)
Neutral Citation: [2002] UKPC 49
Court: Privy Council
Judge:

Lord Bingham of Cornhill, Lord Slynn of Hadley, Lord Nicholls of Birkenhead, Lord Rodger of Earlsferry and Tipping J

Judgment Dates: 7 October 2002

Catchwords

New Zealand - Agreement - Division of property - Interpretation of agreement - Parties reaching agreement following informal mediation - Interpretation of relevant clause in mediation agreement - Whether 'obligation' in clause referring to obligation to act in good faith.

The Case

The appellant's appeal to the Privy Council against a judgment of the New Zealand Court of Appeal that the obligation in cl2.17 of the mediation agreement between him and the respondent referred to obligations contained in that agreement, was allowed on the ground that the Privy Council was of the view that the obligation referred to in that clause referred to the obligation to act in good faith as set out in cl9 of the agreement.

Practice Areas

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