Masterton Homes P/L v Palm Assets P/L [2008] NSWSC 274

Contract Construction and interpretation of contracts Equity Rectification  General principles
Requirement of clear and convincing proof of a common intention inconsistent with the words deliberately employed Evidence  Admissibility of post-contract communications
Admissibility of post-contract admissions Distinction between evidence admissible upon construction of contract as opposed to rectification Contract under consideration set out in undertaking given to the Court Onus of proof

LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) -Home Building Act 1989 (NSW)

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