8 Nov 2011
COUNTRY CLUB APARTMENTS LTD V MFT PROPERTIES LTD COA CA244/2011
- Citation
- COA CA244/2011
- Court
- Court of Appeal
The Court found on the evidence there was a binding 2006 agreement reducing rent and obliging MFT to pay outgoings; the May 2009 email signed "Gary" authenticated a sufficient memorandum for s2 or was rectifiable to the oral agreement; alternatively the payments and conduct satisfied the doctrine of part performance making the agreement enforceable in equity; therefore MFT could not cancel the lease for alleged arrears and the High Court cancellation orders were set aside; Country Club was entitled to a set-off for accommodation at $350/week and MFT must repay overpayments with interest and p…