29 Mar 2011
QUAY LEASE LIMITED V GREENSTONE ENERGY LIMITED COA CA49/2010
- Citation
- openlaw-aff32a8e_833e_4641_8abe_aa0aaa151109.pdf
- Court
- Court of Appeal
The Court allowed the appeal and quashed the High Court summary judgment because on renewal in 1995 the lease became governed by the Act as it stood at renewal and no rebate has been fixed by the Minister under s85 since 1968; accordingly no statutory rebate applied after renewal and summary judgment was inappropriate given unresolved estoppel and related issues requiring fuller argument and evidence.