Commercial Litigation
Earlier this year, New Zealand’s highest court issued a decision clarifying when and how evidence of parties’ dealings will be admissible to support arguments before the courts on contractual interpretation. The decision signals a departure from the New Zealand approach to date and the approaches in a number of other Commonwealth jurisdictions, in particular the United Kingdom, and highlights that contracting in New Zealand may give rise to particular practical considerations, both at the time of contracting and also when litigating contractual interpretation issues.
Contract interpretation – a Common(wealth) approach
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