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High Court Wellington
18, 19, 20, 21, 28 November 1996
Tipping J
18, 19, 20, 21, 28 November 1996
Tipping J
Contract — Interpretation — Trade tie in lease — Whether lessor by assignment able to enforce tie — Whether lessor's nominee a person "designated by description" within meaning of Contracts (Privity) Act 1982 — Contracts (Privity) Act 1982, s 4.
Contract — Mistake — Trade tie in lease — Whether words omitted from description — Whether person entitled to enforce trade tie and if so, whether mistake could be rectified.
Contract — Rectification — Trade tie in lease — Whether term of tie varied by subsequent agreement between lessor's assignee and tenant — If so, whether term could be rectified — Contracts Enforcement Act 1956, s 2.
Equity — Estoppel — Estoppel by convention — Whether lessor's assignee estopped by convention from denying reduction in term of trade tie — Whether implied agreement to reduce term or whether trade tie could be severed from lease.