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Supreme Court allows appeal from High Court decision concerned with construing rent review provisions in a commercial lease, on that grounds that the expression “the previous period” in the contract was intended by the parties to the lease to mean the period which terminated on the day before the relevant “review date”.
Laffoy J (nem diss): Contract law – landlord and tenant law – appeal from High Court – construction of phrase in a commercial lease – rent review clause in a lease is not to be construed any way differently from any other commercial document or clause – whether the trial judge departed from the well-established tenet of contractual interpretation, namely, that the existence of an ambiguity should not be lightly inferred or perceived by the Court – interpretation of the word “preceding” – whether that construction is consistent with the proper meaning of the other provisions of the lease – there is no ambiguity in or between the various provisions of the lease – appeal allowed, High Court order vacated.
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