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Wellington City Council v New Zealand Law Society - [1990] 2 NZLR 22

$30.00

Court of Appeal Wellington
12 February; 9 March 1990
Cooke P, Casey and Bisson JJ
Property law — Lease — Rectification of lease — Option to purchase — Mistake — Original lease contained covenant to renew lease subject to like covenants being included in new lease — Lease was renewed — New lease contained an option to purchase which had not been included in original lease — Lessee became aware of option and indicated its intention to exercise same — Four years after lessor first became aware of option, it sought rectification of lease to exclude option — Whether there had been a common mistake giving jurisdiction to rectify the lease — Whether lease should be rectified — Whether lessor was guilty of laches — Whether lessor was estopped from claiming right to rectification. — Appeal from [1988] 2 NZLR 614

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