Court of Appeal, on appeal from the High Court, which upheld as valid a deed of renunciation, despite numerous flaws with its construction, and which ordered the defendant road haulage business to vacate the premises, as well as refusing the defendant's application for a new tenancy and aggravated damages, dismisses the defendant's appeal and affirms the order of High Court, on the grounds, inter alia, that the trial judge's assessment of the evidence could not be faulted and, on the basis of the findings he made, he was entitled to uphold as valid the deed of renunciation.
Plaintiff port authority - defendant road haulage business - appeal by defendant - High Court ordered defendant to deliver up possession of premises comprising 0.821 hectares - it was the subject of an Indenture of Lease between plaintiff and defendant - High Court also dismissed plaintiff's counter claim for a declaration that it is entitled to a new tenancy in the premises - pursuant to Part II of the Landlord and Tenant (Amendment) Act 1980 (as amended) (“the 1980 Act”) - and for damages - High Court found plaintiff lawfully terminated the Lease by serving a break notice - central to appeal is validity and effect of that renunciation - renunciation contained errors such that certain words and phrases bore no relation to the premises - plaintiff cross appeals - from trial judge's rejection of its alternative claim to enforce certain clause of the Lease - cross appeal also considered whether plaintiff is estopped from asserting a right to a new tenancy having regard to the fact that it agreed to the clause - court sets out background - consideration High Court judgment - purported renunciation - defendant's appeal contains 59 grounds - “Chartbrook Principles” - court ultimately finds trial judge's assessment of evidence cannot be faulted - on the basis of his findings he was entitled to conclude - that properly construed the effect of the Renunciation was clear - court dismisses remaining issues - defendant's appeal is dismissed - order of High Court affirmed.