New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Statutory interpretation of s224 property law act 2007
  • 11 Mar 2016

    MUIR v TIEU [2016] NZHC 422

    Citation
    [2016] NZHC 422
    Court
    High Court

    For Glasgow leases where rent is fixed as a percentage of the fee simple, the valuation of the fee simple is to be made by reference to the value of the land and not by importing lease restrictions (including subdivision restrictions); clauses 11.2 and 11.3 do not require accounting for the lease's subdivision restriction and Mandic applies.

    • Glasgow lease
    • Rent review
    • Valuation of fee simple
    • Subdivision restriction
    • Statutory interpretation of s224 property law act 2007
    • Precedent and stare decisis