30 May 2006
BROWNSONS HOLDINGS (1999) LIMITED AND ORS V THE PLAZA PAKURANGA LIMITED AND ORS HC AK CIV 2004-404-1113
- Citation
- openlaw-bc60ead7_b68a_45e7_bd24_eed7d6267558.pdf
- Court
- High Court
The phrase in question was ambiguous and extrinsic evidence of the factual background and negotiations is admissible to the extent it establishes mutually known facts and assists the objective interpretation; accordingly most of the plaintiff's factual evidence was allowed except for specific passages that amounted to inadmissible subjective intentions or irrelevant pre-contract negotiations, and leave to file amended defendant briefs was granted.