4 Oct 2011
ST JOHNS COLLEGE TRUST BOARD V GENERAL DISTRIBUTORS LIMITED HC AK CIV-2011-404-001106
- Citation
- openlaw-02265fb1_ec8f_4cf2_bc34_386ec7fa1ed0.pdf
- Court
- High Court
Clause 5's authorisation to 'extend or replace' buildings implies replacement rather than indefinite clearance; demolition of the existing buildings on Lot 634 without promptly replacing them breaches clause 5 of the lease, so a declaration to that effect is granted. By contrast, the question whether importing/containing contaminated soil on Lot 634 breaches clause 6 raises factual and valuation issues that cannot be resolved on summary judgment, so that declaration is refused.