Court of Appeal Wellington
8, 9, 10, 11, 12 November; 9 December 1993
Casey, Hardie Boys, Gallen JJ
8, 9, 10, 11, 12 November; 9 December 1993
Casey, Hardie Boys, Gallen JJ
Contract — Interpretation — Central city commercial block development — Agreement for sale providing for minimum of 85 per cent leasing before settlement at agreed minimum rental rates — Vendor possibly able to achieve the agreed leasing at the agreed rates but only on the basis of substantial incentives — Incentives possibly affecting yield and therefore value of property — Whether effect of incentives on yield and value could be taken into account in determining whether agreed "rate" had been achieved.
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