Andrew O’Brien appeared for the applicant, instructed by Colin Biggers & Paisley Lawyers.
The primary issue considered was whether the proper construction of the determination mechanism in clause 3.2(d) of their lease was to be accessible as a free-standing option, or only if the consent or dispute mechanism is triggered.
The Court found that on the proper construction of the contract, the determination mechanism can operate independently of the consent/dispute mechanism. The Court also held that the applicant and respondent are at liberty to agree the Current Market Rent payable from the market review date or upon failure must otherwise be determined under clause 3.2(d) by a valuer.
The Court ordered the applicant to pay the respondent’s costs of the application on the standard basis.
The judgment can be read by clicking here
