W & R Jack Ltd v Fifield - [1996] 2 NZLR 105

Arbitration — Jurisdiction — Lease providing that tenant is deemed to accept a reviewed rental if no notice for dispute given within 28 days (time of the essence) — Lessee failing to give notice — Lessee applying for appointment of arbitrator to assess rental — Delay of six years in making application - Application for extension of time — Whether undue hardship caused — Arbitration Amendment Act 1938, s 18(6).

Contract — Formation — Whether exchange of correspondence between lessor and lessee amounted to agreement for fixing rent.

Equity — Estoppel — Acquiescence — Whether conduct of lessor in negotiations over reviewed rental amounted to estoppel or acquiescence by it.