“There is much food for thought in a decision of the Supreme Court of New Zealand (Bathurst Resources Ltd v L&M Coal Holdings Ltd [2021] NZSC 85) which canvasses the preconditions to the admissibility of extrinsic evidence as an aid to interpretation. The decision is also of considerable interest on the test for the implication of terms and the extent of the constraints imposed upon a party exercising a discretionary power conferred under the contract, but this note will be confined to the interpretation issues. Pursuant to a written agreement Bathurst acquired all of the shares in a company which owned rights to mine coal in certain permit areas on the West Coast of the South Island …”
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Francis Dawson, ‘Extrinsic evidence as an aid to interpretation’ (2022) 138 Law Quarterly Review (April issue) 165.
First posted 2022-03-02 14:00:43
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