25 May 2020
GIBSON v KUPE TRUSTEES COMPANY LTD [2020] NZHC 1100
- Citation
- [2020] NZHC 1100
- Court
- High Court
The sublease language 'all and any costs and expenses properly incurred by the Lessor' is unambiguous and, construed objectively in context, includes costs of investigating, conducting litigation about, performing interim repairs and permanently remedying latent defects; no implied term limiting recoverable operating expenses to obligations Kupe was expressly bound to perform should be implied because the contract works effectively without such a term and the proposed limitation would contradict the express wording.