5ģ Gibbons Holdings Ltd v Wholesale Distributors Ltd NZSC 37, 1 NZLR 277 at per Tipping J.ĤĚt per Tipping J, per Anderson J and per Thomas J. 4 In this way, the admission of subsequent conduct evidence does not involve a departure from the objective approach to contract interpretation taken by the courts. 3 The requirement that the evidence shed light on the parties’ joint intentions was stressed.

In Gibbons Holdings Ltd v Wholesale Distributors Ltd, the Supreme Court held that in interpreting the meaning of a contract a court may receive all cogent evidence, including subsequent conduct evidence, which sheds light on “the parties’ jointly intended meaning”. Thereafter, however, so long as the source being referred to is obvious from the context, it is sufficient simply to refer to the relevant paragraph or page number in a footnote. The first time a case is cited, provide full citation details in the footnote including the name of the case even if the case name appears in the main text. The rules are explained in further detail below. Use this method for subsequent references instead of using ibid. (2) If the source being referred to is not obvious from the context, give an “, above n x,” cross-reference. (1) If the source being referred to is obvious from the context, it is sufficient simply to refer to the relevant pinpoint reference. For subsequent references there are two general rules: The first time a source is cited, provide full citation details. If in-text citations are used, adapt the styles as appropriate. For all other legal writing (including student work, academic work, court submissions and judgments), use the general style.īoth styles assume that footnotes are being used. If you are writing an article, book or other piece intended for publication by one of those publishers, use the commercial style. New Zealand’s commercial legal publishers generally use the commercial style. Subsequent references to sources already cited should be given in accordance with the guidance below. 2.3.1 Subsequent references to a cited source

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