NN Ltd v FS [2021] NZDT 1403 (28 April 2021) [pdf, 231 KB]
...costs of proceedings can be made in favour of NN. Is NN prevented from bringing this claim because EH had previously told FS he would write off the debt? 10. A contract can be discharged by agreement. However, where a contract has been wholly performed, a promise by one party to discharge the other from contractual obligations must be supported by separate consideration to be contractually binding. 11. That means that unless NN received something of value or benefit from FS in exc...