Optilon Ltd v Commission for the New Towns and others
Optilon Ltd v Commission for the New Towns and others
- 1993
- Estates Gazette 1993 35 EG 125-128(4) .
ORB 22 January 1993. The plaintiff O held lease dated 10 June 1987 granted by statutory predecessors of the defendant C. It contained a full repairing lease granted for a term of 21 years from 1 January 1981 pursuant to an agreement dated 9 June 1987 whereby under Clause 20 the date should read 5 December 1979. Considered two preliminary issues. Firstly between O and C and secondly between C and the third party in respect of claim brought by O. Firstly O`s claim to sue C for damages was allowed under the express obligations in the agreement. On the second, after consideration of the freehold reversion of O`s premises by deed of transfer dated 31 December 1987 to the third party was allowed to claim an indemnity against the third party in respect of claims brought by O.
BUILDING DEFECTS
DAMAGES
EXPRESS OBLIGATIONS
LIABILITY
ORB 22 January 1993. The plaintiff O held lease dated 10 June 1987 granted by statutory predecessors of the defendant C. It contained a full repairing lease granted for a term of 21 years from 1 January 1981 pursuant to an agreement dated 9 June 1987 whereby under Clause 20 the date should read 5 December 1979. Considered two preliminary issues. Firstly between O and C and secondly between C and the third party in respect of claim brought by O. Firstly O`s claim to sue C for damages was allowed under the express obligations in the agreement. On the second, after consideration of the freehold reversion of O`s premises by deed of transfer dated 31 December 1987 to the third party was allowed to claim an indemnity against the third party in respect of claims brought by O.
BUILDING DEFECTS
DAMAGES
EXPRESS OBLIGATIONS
LIABILITY