Court of Appeal Wellington
CA483/2018
21, 22, 23, 27, 30 August 2019; 24 April 2020
Kós P, Gilbert and Goddard JJ
CA483/2018
21, 22, 23, 27, 30 August 2019; 24 April 2020
Kós P, Gilbert and Goddard JJ
Contract — Interpretation — Objectivity principle — Primacy of text — Relevance of third parties — Implied term — Performance payments — Coal mining rights — Sale agreement — Whether first performance payment due and owing — Approach to interpretation of contracts — shipped — Amendment to agreement — Postponement of performance payment while royalty payments continuing on coal sold — True effect of amendment.
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