25 May 2006
HADFIELD V RIVERS AND ORS HC CHCH CIV 2006-409-000678
- Citation
- openlaw-fd08f694_e9da_4b2b_9b0a_ad07f417e9d3.pdf
- Court
- High Court
The Court held clause 23 should be interpreted, objectively against the factual matrix, as limiting the lessor's ability to sell the property to the defined marketing period; a sale outside that period does not trigger the lessee's right of pre-emption whereas a sale during active marketing does; the arbitrator misinterpreted clause 23 on that point and the question of breach and damages must be remitted to the arbitrator to decide.