An ameliorating principle of equity but not in New Zealand: In Kain v Hutton the Supreme Court strays from the true path of equity

摘要

In examining the case of Kain v Hutton [2008] NZSC 61, this article suggests that the Supreme Court of New Zealand failed to identify the correct principle of construction. And concludes that the court's focus on the mechanics of the operation and its rejection of the ameliorating principle of equity represents the triumph of form over substance.