Judge(s) sitting Penlington J | ||
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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(Text) CC BY-SA