29 Aug 2008
DUCKCROWN INVESTMENTS LTD v. AUTO PLAZA LTD
- Citation
- DUCKCROWN INVESTMENTS LTD v. AUTO PLAZA LTD
- Court
- Court of First Instance
- Case number
- HCA724/2008
The evidence and past course of dealings showed it was highly unlikely a new written or binding oral one-year tenancy was agreed; contemporaneous January 2008 letter and the parties' historical practice supported that DIL occupied as a monthly licencee after expiry of the 2007 Tenancy Agreement. Accordingly APL was entitled to possession and payment of specified arrears; contractual anti-set-off provisions barred DIL from setting off some specified arrears but, absent those provisions, equitable set-off could be relied on against the remaining monetary claims.