Daejan Properties Ltd v Campbell

It is reasonably arguable that the judge may have erred in construing 'premises' as 'house' in clause 3(iii) given the lease's inconsistencies and historical context; permission to appeal is granted.

Parties: Applicant: Daejan Properties Limited; Respondent: Campbell
Jurisdiction: England and Wales
Judgment Date: 19 June 2012
Procedural Posture: Civil Appeal / Application for Permission to Appeal (oral Renewal)
Outcome: Permission to appeal granted; question of additional evidence adjourned to the appeal hearing.
Legal Topics: Lease Interpretation, Covenant Construction, Contribution to Expenditure, Rectification, Admissibility of Further Evidence

Landlord and Tenant Law Contract Law Lease Interpretation Covenant Construction Contribution to Expenditure Rectification Admissibility of Further Evidence

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Parties

Daejan Properties Limited

Applicant

Campbell

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (oral Renewal)

Legal Issues

1 Whether the reference to 'premises' in clause 3(iii) of the lease should be construed as 'house'
2 Whether the judge was correct to construe the lease as if 'house' was intended
3 Whether further evidence should be admitted on appeal

Ratio Decidendi

It is reasonably arguable that the judge may have erred in construing 'premises' as 'house' in clause 3(iii) given the lease's inconsistencies and historical context; permission to appeal is granted.

Court Disposition

Permission to appeal granted; question of additional evidence adjourned to the appeal hearing.

Orders

Permission to appeal granted
Question of additional evidence adjourned to the hearing of the appeal