The Tribunal declared the market rent under the Determination to be $417,690 plus GST (the tenant's contended figure) and dismissed the landlord's cross-claim seeking either a declaration that the rent was $556,920 plus GST or that the Determination be set aside. The Determination was construed as a whole: the Valuer's 'face rent' of $556,920 was not the market rent; rather, the 'effective rent' of $417,690 (face rent less a three-month rent-free incentive) was the determined market rent as stated in the Executive Summary and Part 12. An error in valuation methodology — even one producing unintended consequences for subsequent years' rent — does not vitiate a determination where the valuer acted within the contractual charter; the distinction between errors in the process of valuation and departures from the terms of the contract remains critical.
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