IN THE SUPREME COURT OF NEW ZEALAND
SC 38/2007
[2007] NZSC 65
BETWEEN GREGORY NIELSEN AND RODERICK
WILLIAM NIELSEN
Appellants
AND DYSART 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