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May 3, 2021

Supreme Court judges write extra-judicially on contract interpretation

Three members of the Supreme Court have written extra-judicially on contractual interpretation, an area that has been the subject of much hand-wringing in New Zealand as lawyers seek to assimilate a number of superior court judgments (some consistent, some not) into something practically applicable. Clearly the Judges considered the issues worthy of being addressed independently of any particular litigation.

The paper, Contractual Interpretation Victoria University of Wellington Law Review51(3), 463–518, can be found here:

This follows a 2019 paper prepared by the same three members of the Supreme Court on the subject of Climate Change and the Law, a difficult and developing area of law:

It will be interesting to observe the extent to which these sentiments shape practitioners’ approach to these difficult issues.