Court of Appeal Wellington
23, 24 May; 24 June 1991
Cooke P, Hardie Boys and Gault JJ
23, 24 May; 24 June 1991
Cooke P, Hardie Boys and Gault JJ
Property law — Lease — Rent review — Rent payable on review to be such as was agreed between the parties or fixed by arbitration if they failed to agree — Lease restricted use of premises to motor vehicle dealing — Matters to be considered by arbitrator under rent review clause — Whether arbitrator ought to have had regard to financial position of tenant if reasonable persons in the position of landlord and tenant would have had such regard.
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