000 01584cab a2200229 4500
001 ABS51107
008 090401t1994 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u10491
041 _aeng
245 _aOlympia & York Canary Wharf Ltd and another v Oil Property Investments ltd
260 _c1994
350 _a0
490 _aEstates Gazette
_v(1994) 29 EG 121-123(3)
520 _aCA 17 February 1994. An appeal by Olympia and York and Enterprise Petroleum Ltd, from a decision where the judge refused to declare that the defendant, Oil Property Investments Ltd, was unreasonably withholding consent to the assignment of the unexpired term of a lease by the first to the second plaintiff, on the grounds that the original tenant would determine the clause under a break clause. Briefly, the property was demised to the second plaintiff, EPL. The lease contained a break clause which gave EPL the right to determine the lease at the expiration of the 10th year of the term, and a requirement that the landlord should not unreasonably withhold consent to an assignment. In 1987, EPL assigned the lease to the first plaintiff , Olympia & York. In 1992, Olympia & York went into receivership, and the administrators sought OPIL`s consent for assignment of the lease to EPL; this was refused and the plaintiffs appealed. Held, dismissing the appeal. The break clause was not intended
650 _aASSIGNMENT
650 _aInsolvency
_96247
650 _aLEASES
650 _aORIGINAL TENANT
690 _aLANDLORD AND TENANT-CASE LAW
942 _n0
948 _c04/03/1997
999 _c6625
_d6625