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Court of Appeal Wellington
11, 12 November 1992; 23 February 1993
Cooke P, Casey, Gault, McKay JJ
11, 12 November 1992; 23 February 1993
Cooke P, Casey, Gault, McKay JJ
Practice and procedure — Judgments and orders — Setting aside — Jurisdiction to set aside sealed consent order on grounds of common mistake — Appeal from judgment setting aside order.
Contract — Mistake — Common mistake — Unenforceability of agreement — Setting aside — Unequal exchange of values — Disparity of interest — Contractual Mistakes Act 1977, s 6.
Husband and wife — De facto marriage — Observations relating to constructive trusts and reasonable expectations test — Observations relating to proprietary estoppel and unconscionability.