Court of Appeal Wellington
22 June; 2 July 1998
Richardson P, Henry, Thomas, Keith and Tipping JJ
22 June; 2 July 1998
Richardson P, Henry, Thomas, Keith and Tipping JJ
Contract — Mistake — Unilateral mistake — Respondents made unilateral mistake as to incidence of GST on sale of commercial building — Knowledge of purchaser — High Court found that purchaser had constructive knowledge of mistake — Actual knowledge required for relief — High Court had found purchaser had no actual knowledge — Contractual Mistakes Act 1977, ss 5(2)(b) and 6(1)(a)(i).
Equity — Rectification — Whether jurisdiction to grant relief where unilateral mistake had occurred — Relationship between s 5(2)(b) of the Contractual Mistakes Act 1977 and equitable jurisdiction — Contractual Mistakes Act 1977, ss 5(2)(b) and 6(1)(a)(i).
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