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Court of Appeal Wellington
CA400/2015; [2016] NZCA 67
24, 25 November 2015; 14 March 2016
Ellen France P, Stevens and Miller JJ
CA400/2015; [2016] NZCA 67
24, 25 November 2015; 14 March 2016
Ellen France P, Stevens and Miller JJ
Insurance — Property insurance — Liability of insurer — Whether settled claim could be reopened — Proper measure of loss — Whether settlement agreement assigned risk of mistake to appellant.
Contract — Mistake — Whether common mistake made by parties — Whether substantially unequal exchange of values — Whether risk of mistake assigned to appellant — “Common mistake” — Contractual Mistakes Act 1977, s 6(1).
Evidence — Admissibility — Expert evidence — Whether expert evidence impartial — Whether evidence relevant, reliable and of probative value — High Court Rules, r 9.43.