The appellant landlord appealed a decision finding the respondent tenant not liable for excess hard costs incurred in constructing a commercial building.
The dispute centered on a clause in the Offer to Lease requiring the tenant to pay excess costs provided they were in accordance with contracts approved by the tenant.
The appellant argued the clause was a meaningless vestige from an earlier draft, but the Court of Appeal disagreed, finding the plain meaning of the contract required the tenant's approval.
The appeal was dismissed, and the respondent's cross-appeal on costs was also dismissed.
