Technix Group Limited v Fitzroy Engineering Group Limited - SC 27/2011

Summary

Civil Appeal – Contract – Lease contained clauses conferring an option to purchase and a right of pre-emption option to purchase process has been triggered but not completed – Whether the Court of Appeal’ s decision to impose its own interpretation of the lease that was in line with business common sense instead of following the plain and ordinary meaning of the lease was a correct application of Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444.[2011] NZCA 17  CA 337/2010

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Additional Information

Application for leave to appeal  is dismissed.

Costs to the respondent $2,5000 plus disbursements.

20 May 2011.