21 Sept 2022
SMITH v PAROS PROPERTY TRUST LTD [2022] NZCA 447
- Citation
- [2022] NZCA 447
- Court
- Court of Appeal
Clause 23 interpreted objectively requires the lessor to cause a valuation and allows the lessor to select the valuer; a lessee may remit a reasonable pre-estimate of valuation costs to trigger the process but cannot unilaterally appoint and mandate a valuer absent a binding variation; no binding oral variation was established; respondent did not repudiate or breach so cancellation was unjustified; because the lease was expressly granted pursuant to the URHI Act the Local Government Act s231(2) deeming to the Public Bodies Leases Act did not apply and the Municipal Corporations Act s152(3) th…