Nielsen and Nielsen v Dysart Timbers Limited

[2007] NZSC 65

IN THE SUPREME COURT OF NEW ZEALAND

SC 38/2007
[2007] NZSC 65

BETWEENGREGORY NIELSEN AND RODERICK WILLIAM NIELSEN

Appellants

ANDDYSART TIMBERS LIMITED

Respondent

Court:Blanchard, Tipping and McGrath JJ

Counsel:S P Bryers and A M Swan for Appellants

C F L Godinet for Respondent

Judgment:9 August 2007 

JUDGMENT OF THE COURT

A.         The time for making the application for leave is extended pursuant to rule 11(4). 

B.Leave to appeal is granted.

C.The approved grounds are:

(1)Whether the Court of Appeal erred in its approach to the interpretation of clause 5 of the contract by:

(a)taking into account evidence of subjective intention; and

(b)giving undue weight to the context as opposed to the words of clause 5.

(2)What is the true meaning of clause 5.

Solicitors:
Ross & Whitney, Auckland for Appellants