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Supreme Court of New Zealand Wellington
SC 114/2019
26 May, 3 July; 22 October 2020
Winkelmann CJ, William Young, Glazebrook, O’Regan and Ellen France JJ
SC 114/2019
26 May, 3 July; 22 October 2020
Winkelmann CJ, William Young, Glazebrook, O’Regan and Ellen France JJ
Contract — Interpretation — Option to purchase — Whether had been to be exercised repeatedly every three-year period or once within two three-year periods.
Contract — Judgment denying rights to exercise option reversed on appeal — Effect of judgment — Whether party should have exercised option before reversal on appeal — Observation on seeking stay of execution pending appeal.
Practice and procedure — Appeals to Supreme Court — Leave to appeal — Whether Court had jurisdiction to amend leave to appeal to allow argument on which leave to appeal had been declined — Observation — Senior Courts Act 2016 s 74.
Practice and procedure — Judgment — Judgment denying rights to exercise option reversed on appeal — Effect of judgment — Whether party should have exercised option before reversal on appeal — Observation on seeking stay of execution pending appeal.