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Court of Appeal dismisses appeal from High Court, and affirms order for possession of commercial property used by a haulage company on premises belonging to a port company, on the grounds that: (a) although there were errors in a 'deed of renunciation' executed by the lessee, they were of a nature that could be rectified 'by construction'; (b) there had been sufficient evidence before the trial judge to determine that the lease in question had been appended to the deed of renunciation when it was executed; (c) the legal advice given to the lessee had been 'independent' in the sense that it was independent of the lessor, notwithstanding that the same firm had been advising other relevant parties at the time the deed of renunciation was executed; and (d) while there were issues concerning the conduct of the landlord, the trial judge had been entitled to determine that they were not of such a nature as to prevent an order for possession.
Collins J and Haughton J (joint judgment): Order to deliver up possession of promises - 2013 lease - appeal from High Court - whether lessee entitled to a new tenancy - whether lease lawfully termimnated - break notice - deed of renunciation - errors in deed of renunciation - doctrine of rectification by construction - covenant in lease to execute a deed of renunciation - operator of road haulage business - agreement in contract for sale that arrangements be made to continue in situ until new premises available - section 17(1)(a)(iiia) of the Landlord and Tenant (Amendment) Act 1980 - reliance on earlier legislation in deed of renunciation - whether lease or draft lease appended to deed of renunciation - 2017 'break notice' - 2018 claim for possession - failure of plaintiff to investigate matters prior to issue of Commercial Court action - whether premises identified in deed of renunciation - failure to rely on deed of renunciation in pleadings - appeal on 59 grounds - 'correction by construction' - finding that lease had been appended to the renunciation.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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