27 Jul 2015
ZHENG LI TRUSTEE LIMITED AND MK TRUSTEE (2013) LIMITED v EWAN STUART HENDERSON [2015] NZHC 1723
- Citation
- [2015] NZHC 1723
- Court
- High Court
Leases expressly excluding deductions or set-off precluded tenants from withholding rent or setting off damage claims; guarantor, treated as tenant, was liable for arrears and default interest except to the extent the tenant was entitled to an abatement under the lease for partial destruction; on the facts Victoria Street tenant was entitled to a two months' rent abatement for repair/scaffolding disruption and plaintiffs' indemnity claims for losses from disclaimer must await trial; counterclaims and alleged unreasonable conduct did not amount to arguable defences sufficient to defeat summary…