28 May 2021
C & R CONSTRUCTION LTD v TAHAROA IRONSANDS LTD & ORS [2021] NZHC 1222
- Citation
- [2021] NZHC 1222
- Court
- High Court
Documents concerning Taharoa's arrangements for alternative earthmoving equipment are relevant to C & R's rectification claim because post‑contract conduct can illuminate the parties' mutual intention; r 8.17 permits variation where circumstances changed (abandonment of the counterclaim) and a tailored variation limited by proportionality is appropriate, so category 10 was amended rather than removed and Taharoa ordered to provide discovery of the narrowed category within a fixed time; C & R's standalone discovery application was dismissed as addressed by the r 8.17 order.