13 Dec 2021
KUMAR v SARSFIELD ENGINEERING LIMITED [2021] NZHC 3408
- Citation
- [2021] NZHC 3408
- Court
- High Court
Clause 17.2(a) of the Agreement contained an obvious and commercially significant drafting error: the opening references to "Customer" must be read as "Guarantor". Correcting that linguistic mistake by construction preserved the guarantor's liability under the anti‑discharge provision (cl 17.2(a)(vii)), so the guarantor was not discharged by the variation and summary judgment for the respondent was properly entered.