17 Oct 2008
JAMACS CORPORATION LTD V NORFOLK TRUSTEE CO LTD HC AK CIV-2007-404-007558
- Citation
- openlaw-4565d07c_83b1_4092_a8ee_c31213946aaf.pdf
- Court
- High Court
The demised premises do not extend to the landlord's fixtures and fittings because the operative clause gives the tenant only a right to use those items and the lease treats fixtures separately; clause 13's reference to 'building and building services' does not encompass landlord's fixtures and fittings and there is no sufficient basis to imply a repairing obligation on the landlord under business efficacy or deduction tests, so the landlord is not obliged to maintain the identified items.