Monsolar IQ Ltd v Woden Park Ltd

Monsolar IQ Ltd v Woden Park Ltd

The court held that the mistake in the lease was clear and that the Defendant's new argument did not create sufficient ambiguity to alter the decision. The necessary correction was to specify the correct Base Index Figure, not to introduce an upwards only rent review clause. The Claimant succeeded and was entitled to costs, subject to a reduction for inadmissible material in witness statements.

Parties
Claimant: MonSolar IQ Limited; Defendant: Woden Park Limited
Jurisdiction
England and Wales
Judgment Date
12 June 2020
Procedural Posture
Civil (part 8 Claim) / Supplementary Judgment Following Main Judgment and Further Written Submissions
Outcome
Claim allowed; Defendant's application refused; permission to appeal refused.
Legal Topics
Rectification of Contract, Interpretation of Lease, Mistake in Contract Drafting, Costs Orders
Contract Law Property Law Rectification of Contract Interpretation of Lease Mistake in Contract Drafting Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

MonSolar IQ Limited

Claimant

Woden Park Limited

Defendant

Procedural Posture

Civil (part 8 Claim) / Supplementary Judgment Following Main Judgment and Further Written Submissions

Legal Issues

  1. 1 Whether the court should alter its decision based on a new argument regarding the interpretation of Schedule 6 of the lease
  2. 2 Whether it was clear what mistake was made in the lease and what correction was required
  3. 3 Whether the Defendant should be granted permission to appeal

Ratio Decidendi

The court held that the mistake in the lease was clear and that the Defendant's new argument did not create sufficient ambiguity to alter the decision. The necessary correction was to specify the correct Base Index Figure, not to introduce an upwards only rent review clause. The Claimant succeeded and was entitled to costs, subject to a reduction for inadmissible material in witness statements.

Court Disposition

Claim allowed; Defendant's application refused; permission to appeal refused.

Orders

  • Defendant to pay Claimant's costs of the claim, subject to one-third of the costs of preparing both witness statements of Ms Meyer being disallowed.
  • Defendant to make a payment on account of costs of £65,000 within 28 days.