TUV v The Chief of New Zealand Defence Force - SC 14/2020
Media releases
Summary
Result
B The approved ground is:
(i) Does the test in O’Connor v Hart [1985] 1 NZLR 159 (PC) (that a contract is not voidable for mental incapacity unless the other contracting party has actual or constructive knowledge of the incapacity, or equitable fraud is established) apply in the employment jurisdiction (in particular, to a settlement agreement that has been certified under s 149 of the Employment Relations Act 2000)?
(ii) If not, what is the relevant test and should the settlement agreement have been set aside in this case on the grounds of mental incapacity?
15 May 2020
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A The appeal is dismissed.
B The Courts below were correct not to set aside the settlement agreement in this case on the grounds of mental incapacity.
C There is no order as to costs.
3 June 2022
Hearing Transcripts
Related Documents
Employment Court decision — Not publicly available
Court of Appeal decision — TUV v CHIEF OF NEW ZEALAND DEFENCE FORCE [2020] NZCA 12 [11 February 2020]
Leave judgment - leave granted — TUV v CHIEF OF NEW ZEALAND DEFENCE FORCE [2020] NZSC 47 [15 May 2020] (PDF 144 KB)
Substantive judgment — TUV v CHIEF OF NEW ZEALAND DEFENCE FORCE [2022] NZSC 69 [3 June 2022] (PDF 280 KB)