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Melanesian Mission Trust Board v Australian Mutual Provident Society - [1997] 1 NZLR 391

$30.00

Privy Council Wellington
4, 17 December 1996
Lord Goff of Chieveley, Lord Mustill, Lord Nicholls of Birkenhead, Lord Hoffmann and Lord Hope of Craighead
Property law — Lease — Interpretation of rent review clause — Whether lease on its proper construction had the effect that rent payable in the event of a rent review was not to be less than the then current rent — Whether lease should be rectified so as to allow for rent reduction on review — Contractual Mistakes Act 1977, s 7.
Contract — Interpretation — Lease — Rent review clause — Whether clause meant that rent payable in the event of a rent review was not to be less than the current rent — Proper construction of such a clause — Whether words should be construed according to their ordinary meaning — Whether meaning of words used clear and unambiguous — Whether rules of construction relevant in absence of ambiguity.

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