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Supreme Court of New Zealand Wellington
SC 64/2019
12 March; 24 July 2020
Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Williams JJ
SC 64/2019
12 March; 24 July 2020
Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Williams JJ
Contract — Evidence — Dispute as to existence and terms of oral or partly oral contract — Whether question of fact or law — Admissibility of parties’ subjective intentions and subsequent conduct.
Contract — Interpretation — Entire agreement clauses — Whether and when to be conclusive between parties — Task of court — Observation — Contract and Commercial Law Act 2017 s 50.
Evidence — Privilege — Legal advice privilege — Whether adverse inference to be drawn from failure to waive privilege.
Practice and procedure — Appeals — General appeals — Role of appellate court — Whether and when appellate court to defer to trial court’s findings of fact, credibility and reliability.