17 May 2013
LANGSTON V MOUNT HUTT HELICOPTERS LIMITED HC CHCH CIV-2012-409-002820
- Citation
- openlaw-61df18b0_709b_4200_8fed_7c6217efa1af.pdf
- Court
- High Court
The court found clause 3.7 ambiguous as to whether "claims" included the non‑monetary helicopter usage obligation in clause 5.1; applying the principle that ambiguity in a release is resolved against the grantor, the clause did not extinguish the liability in clause 5.1. Accordingly the defendant's affirmative defence failed and the plaintiff's entitlement under clause 5.1 survives (with the alternative finding that, had 3.7 clearly extinguished 5.1 it would have operated to discharge the joint benefit leaving Langston to seek recourse against Wilderness).