An appellate court may intervene in credit-based findings where the primary judge treated objective circumstances as providing material support for a witness's credibility when those circumstances cannot reasonably be regarded as providing that support. A guarantee of 'all monies agreed to be paid by the owner under this contract' does not extend to amounts payable pursuant to oral variations where the contract requires variations to be in writing. Section 6(1)(b) of the Home Building Act 1989 requires variations to the scope of residential building work to be in writing under s 7(1), though this was decided by only two of three judges. To establish misleading and deceptive conduct based on a representation as to future conduct, it must be shown that the representor did not intend to perform at the time of making the representation; a finding that the representor 'hoped to get by' without performing is insufficient.
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