13 Mar 2017
STEVENSON BROWN LIMITED V MONTECILLO TRUST [2017] NZCA 57
- Citation
- [2017] NZCA 57
- Court
- Court of Appeal
No incorporation: the parties did not manifest a common intention to incorporate the short form agreement at formation and the prior dealings between Brown and Rutter were insufficient to incorporate its terms because Rutter acted for different principals and was not engaged as an 'agent to know', so his prior knowledge could not be imputed to Montecillo; therefore the limitation clause did not apply.