14 Nov 2011
I-HEALTH LIMITED V ISOFT NZ LIMITED COA CA661/2010
- Citation
- COA CA661/2010
- Court
- Court of Appeal
Parties may agree to waive or limit entitlement to statutory interest under s 87 by clear contractual provision; on construing the Variation Agreement in its commercial and factual context the Court held the $5,000,000 'maximum aggregate liability' cap included any award of statutory interest under s 87; the question of post-judgment interest under r 11.27 was not determined on appeal.