Euripides v Gascoyne Holdings Ltd
Euripides v Gascoyne Holdings Ltd
- 1996
- Rent Review & Lease Renewal 16(2) Summer 1996 .
CA 27 June 1995. Lease contained a rent review clause which provided for disregard of tenant`s improvements unless in pursuance of the terms of the lease. Rent review was referred to an arbitrator who stated that the award reflected all works of improvement carried out during term of the lease. E sought leave out of time to appeal against the award for error of law. G sought to strike out the motion for want of prosecution. High Court allowed E`s application for leave to appeal out of time. G appealed. "Held" arbitrator`s assessment could not be characterised as a prima facie error of law. Appeal allowed.
ARBITRATION AWARDS
DISREGARDS
ERROR OF LAW
EURIPIDES V GASCOYNE HOLDINGS LTD
LEAVE TO APPEAL
OUT OF TIME
RENT REVIEWS
TENANTS IMPROVEMENTS
CA 27 June 1995. Lease contained a rent review clause which provided for disregard of tenant`s improvements unless in pursuance of the terms of the lease. Rent review was referred to an arbitrator who stated that the award reflected all works of improvement carried out during term of the lease. E sought leave out of time to appeal against the award for error of law. G sought to strike out the motion for want of prosecution. High Court allowed E`s application for leave to appeal out of time. G appealed. "Held" arbitrator`s assessment could not be characterised as a prima facie error of law. Appeal allowed.
ARBITRATION AWARDS
DISREGARDS
ERROR OF LAW
EURIPIDES V GASCOYNE HOLDINGS LTD
LEAVE TO APPEAL
OUT OF TIME
RENT REVIEWS
TENANTS IMPROVEMENTS