SSABR Pty Ltd v AMA Group Limited

• 1. Equity
  2. › Rectification
  3. › Rectification in equity
  4. › Common intention of parties
  5. › Onus and standard of proof
  6. › Whether clear and convincing evidence established common intention different from written terms
  7. › Whether primary judge erred in ordering rectification
• 1. Contract
  2. › Construction
  3. › Rectification by construction
  4. › Whether clause should be read as providing for 'average annual' calculation
  5. › Whether plain words of clause permitted ambiguity
• 1. Evidence
  2. › Jones v Dunkel inference
  3. › Failure to call witnesses
  4. › Whether inference should be drawn against party bearing onus of proof for failing to call key witnesses
  5. › Whether inference should be drawn against party for failing to call solicitor where privilege at risk
  6. › Evidence Act 1995 (NSW), s 122(2)
• 1. Evidence
  2. › Blatch v Archer principle
  3. › Sufficiency of evidence
  4. › Whether party bearing onus of proof adduced sufficient evidence when further evidence was available

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