The appellant tenant appealed the dismissal of its application to restrain the respondent landlord from terminating its commercial lease.
The landlord relied on a 30-day termination clause from a 1998 amending agreement.
The tenant argued that subsequent amending agreements, which included a six-month termination clause conditional on redevelopment, indicated the 30-day clause was confined to the 1998 extension term.
The Court of Appeal found the application judge erred by failing to address this key argument regarding contractual interpretation.
The appeal was allowed and the matter remitted for a new hearing.
