- Rectification of a lease by construction (Monsolar IQ Ltd v Woden Park Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Property Disputes analysis: This is an interesting case where the principles of ‘corrective construction’, as endorsed in Chartbrook Ltd v Persimmon Homes Ltd, were successfully applied to rectify the rent review provisions in a commercial lease as a matter of construction. It provides a useful overview of cases involving similar drafting issues (Arnold v Britton, Trillium (Prime) Property Group GP Ltd v Elmfield Road Ltd and Westpac Banking Corporation v Tanzone Pty Ltd). Written by Andy Creer, barrister, at Hardwicke.
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