Summary: In a claim for rectification by construction, the trial judge (Roth J) accepted the landlord’s (Daejan) contention that “premises” meant “house” in a service charge clause in a lease and granted a declaration to that effect. Allowing the appeal, the Court of Appeal held that it was far from clear that the parties had made a mistake in the drafting of the lease. The clause was to be construed with its actual wording without substituting the word “house” for “premises”.
