22 Dec 2009
LG CHILCOTT AND PC CHATFIELD V AS MCLACHLAN AND ORS HC AK CIV 2007-404-2796
- Citation
- openlaw-8fa9254c_cd20_4f6e_9572_6e85485d8735.pdf
- Court
- High Court
Clause 5 of the settlement deed is declaratory and did not alter the Lease; the transfer of the McLachlans' shares in MGL pursuant to the deed triggered clause 10.2(b) and terminated the Lease; the Lease was void for uncertainty as to term in respect of Land B and Land C (and the equitable lease for lots 1 and 2 is likewise void), resulting in those interests being at best tenancies determinable on one month's notice; rectification, mistake, estoppel, implied term and relief against forfeiture were not established and fail.