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Olympic Corporation Ltd v Orcatory Road Properties Ltd - [1990] 2 NZLR 519

$30.00

Court of Appeal Wellington
27 July; 20 October 1989
Cooke P, Richardson and Bisson JJ
Property law — Lease — Sublease — Vendor held business premises under sublease at a higher rental than head lease but for an identical term — On sale of business vendor contracted to arrange assignment of sublease to purchaser but subsequently purchaser refused to take assignment — Vendor paid arrears of rent to sublessor and sought indemnity from purchaser — Whether, because the term of the head lease and the sublease were identical, the assignment of the sublease was an assignment of the head lease — Whether the sublease merged in the head lease — Whether head lessor was entitled to seek payment of arrears from vendor — Whether vendor was entitled to be indemnified by purchaser.

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