NEW ZEALAND COURT OF APPEAL PROVIDES GUIDANCE FOR THE TEST OF RECTIFICATION OF A VOLUNTARY SETTLEMENT AND FINDS THE USE OF THE “BACKDOOR” METHOD TO BE AN ABUSE OF PROCESS

In the two cases set out below, the New Zealand Court of Appeal considered the circumstances in which there may be rectification of a deed entered into as part of a voluntary settlement and considered where reliance on one legal argument in order to get another issue before the court may amount to an abuse of process. These cases are of general application to other jurisdictions, therefore should be borne in mind when dealing with similar issues. Continue reading