20 Jul 2016
MOBIL OIL NEW ZEALAND LIMITED v DEVELOPMENT AUCKLAND LIMITED (FORMERLY AUCKLAND WATERFRONT DEVELOPMENT AGENCY LIMITED) [2016] NZSC 89
- Citation
- [2016] NZSC 89
- Court
- Supreme Court
The Supreme Court held the 'clean and tidy' covenant in the 1985 tenancy agreements did not require remediation of subsurface hydrocarbon contamination and that no implied term requiring remediation (including for predecessors' contamination) arose; interpretation of the clause against its commercial context and the nature and duration of the tenancies precluded reading in a transformative remediation obligation, and the BP Refinery tests for implication were not satisfied.