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Pendergast v Attorney General

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Judge(s) sitting
  
Penlington J

Ruling court
  
High Court of New Zealand

Pendergast v Attorney-General

Full case name
  
Pendergast v Attorney-General

Citation(s)
  
(1998) 3 NZ ConvC 192,729

Pendergast v Attorney-General (1998) 3 NZ ConvC 192,729 is a cited case in New Zealand regarding the availability of rectification where a unilateral mistake exists.

Contents

Background

Pendergast had a perpetual renewable lease with a Domain Board. During a rent renewal, a new lease agreement was prepared. Unbeknown to Pendergast, the Domain Board hid in it a clause giving it a right to cancel the lease.

Pendergast signed the new lease, thinking it was just the rental being changed.

Held

Pendergast claim for rectification succeeded. Penlington J said "This aspect of the law relating to rectification is based on the equitable principle of fair dealing between the parties"

References

Pendergast v Attorney-General Wikipedia