An appellant who pleaded an unconditional contractual entitlement at trial cannot argue on appeal that a condition precedent (found by the trial judge to exist) was satisfied, where that issue was never on the pleadings and the evidence would have been led differently had it been. Where contemporaneous documentary evidence contradicts a trial judge's finding on quantum, the appellate court may substitute its own finding. A price quoted without reference to GST is GST-inclusive.
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