High Court Wellington
15 July 1985; 18 April 1986
Gallen J
15 July 1985; 18 April 1986
Gallen J
Property law — Lease — Time of expiry — Leap year — Lease for 91 years 6 months "commencing on" 1 July 1901 — Sublease for 78 1/2 years "from" 1 July 1914 — Lease and sublease expired in a leap year — Whether the "six months" in the head lease were to be counted as six calendar months — Whether the extra day in the leap year should be calculated into the "half year" of the sublease — Whether sublease terminated after expiry of head lease — Statute 21 Henry III De Anno Bissextili 1236.
Property law — Lease — Right to acquire the freehold — Portion of land subleased — Head lessor applied to purchase fee simple of whole of leased land — Whether sublessee had the right to purchase the freehold of the subleased portion — Whether head lessee could refuse to consent to sublessee's purchase — Rotorua Town Lands Act 1920, s 16.
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