21 Jun 2011
SUTTER LTD v.CHEERS FLORAL & GIFT SERVICES o/b MAXBO HOLDINGS LTD
- Citation
- SUTTER LTD v.CHEERS FLORAL & GIFT SERVICES o/b MAXBO HOLDINGS LTD
- Court
- District Court
- Case number
- DCDT1529/2011
Payments made to the plaintiff (landlord) were properly applied by the plaintiff to all sums owing under the Tenancy Agreement (rent, rates, management and legal fees); notations on cheques by the payer could not unilaterally alter the plaintiff's contractual allocation rights; on the evidence the defendant still owed money at the date of execution, so the Warrant was not outdated or untrue and the application to set it aside was dismissed.