Donated by the author

Topics covered: advantages of expert determinations; construction of lease clauses and meaning of terms used; effect of exclusion of ratchet provisions; mistake in departing from instructions; whether determination made in accordance with the contract; error in interpretation of lease; whether mistake in accord with legislation; independence of the valuer; bias by the valuer; difference between valuation and arbitration; whether determination final and binding; provision of information by parties; duty to accord procedural fairness; concise explanation of general law of construction of leases; error in valuer giving reasons; future work by lessee; whether assessment of rent by parties reasonable; whether time of essence; failure to give detailed reasons; sufficient notice; interpretation of provisions lease; application of profits method of valuation to rent review of hotels; interference with valuer’s discretion; jurisdiction of the Western Australian Tribunal.