15 Feb 2012
CAMELOT COURT MOTEL LIMITED V WARREN BRUCE ANDERSON AND MARGARET ELLEN ANDERSON HC HAM CIV-2011-419-21
- Citation
- openlaw-e9747427_9143_42c2_8748_30361a609e62.pdf
- Court
- High Court
The court held the motel lease, though ineffective at law to extend automatically, continued in equity on renewal of the head leases so the defendants are bound to pay the renewed ground rent; the defendants' claim under the Contractual Mistakes Act fails because their complaint is an omission to consider the imminent increase in ground rent (not a positive mistake) and thus is not within the Act; unconscionability and unjust enrichment defences are not made out; summary judgment is granted for the plaintiff for unpaid ground rent of $505,129.03 while issues of costs, interest and other damag…