IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2014-404-001796 [2015] NZHC 832
UNDER the Trustee Act 1956 AND UNDER
the Receiverships Act 1993
IN THE MATTER
of a claim to set aside a settlement agreement and for damages
BETWEEN
BEVIN HALL SKELTON Plaintiff
AND
DARAN NAIR Defendant
Hearing: 17 April 2015 Appearances:
Plaintiff in person
EJ Werry for DefendantJudgment:
24 April 2015
JUDGMENT OF ASHER J
This judgment was delivered by me on Friday, 24 April 2015 at 3pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors/Counsel:
S McDonald, Auckland.
EJ Werry, Auckland.
Copy to: Plaintiff.
SKELTON v NAIR [2015] NZHC 832 [24 April 2015]
Introduction
[1] The defendant Daran Nair applies to strike out this claim brought by Bevin Hall Skelton. He relies on r 15.1(c) and (d) of the High Court Rules, namely that the proceeding is frivolous or vexatious, or is an abuse of the process of the court.
[2] The original statement of claim, undated but filed on 17 July 2014, ran to 17 pages and contained hundreds of clauses and subclauses. Mr Skelton has throughout been self-represented.
[3] On 28 August 2014 Mr Nair applied to strike out Mr Skelton’s statement of claim, asserting amongst other things that the statement of claim was prolix, vexatious and an abuse of process.
[4] When the case was called it was adjourned to give the plaintiff an opportunity to file an amended statement of claim. An amended statement of claim was filed and served on 3 November 2014, and it is that which is the subject of this application to strike out.
[5] The ground relied on is that the allegations of fact which the claim is based on were the subject of a full and comprehensive settlement in earlier proceedings in this court filed under CIV-2006-404-2924 and CIV-2007-404-5247. It is stated that the terms of the settlement are a complete bar to the claim and accordingly it is frivolous and vexatious and an abuse of process.
[6] It appears that in 2006 Mr Skelton and his wife at the time were involved in litigation. Mr Nair is a chartered accountant and he was ultimately appointed as a receiver of a partnership known as the Urban and Country Partnership (UCP) which was in effect a partnership of the respective trusts of Mr and Mrs Skelton.
[7] Mr Nair commenced proceedings in his name as receiver of UCP, against Mr Skelton’s trust and another associated trust, seeking recovery against the trustees of $439,000.
[8] There was a settlement conference on 4 August 2008 before an Associate Judge. Settlement was reached and a heads of agreement was executed by the parties. There were then two later deeds of settlement on 30 August 2008 and in February 2009. There were complete settlement clauses in the August and February agreements. It is submitted for Mr Nair that in the light of the settlements that were reached and the agreement that all claims were at an end,…
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- Skelton v Nair [2015] NZHC 832
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- [2015] NZHC 832
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CaseChat Overview and Summary
This case highlights the importance of comprehensive settlement agreements and the potential consequences of pursuing claims that have already been settled. The Court found that Skelton's claim was barred by the settlement agreements, which expressly covered all claims related to the sale of the apartment. The Court also found that Skelton's claim was an abuse of process, as it sought to relitigate matters that had already been resolved. The case serves as a reminder that parties should carefully consider the terms of settlement agreements and the potential consequences of pursuing claims that have already been settled.
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