18 Mar 2021
COFFEE CULTURE FRANCHISES LIMITED v HOME STRAIGHT PARK TRUSTEES LIMITED [2021] NZHC 577
- Citation
- [2021] NZHC 577
- Court
- High Court
There was a substantial dispute as to liability because it was arguable that cl 27.5 was triggered by the COVID-19 emergency together with the Inland Revenue's directions reducing staff attendance, which materially prevented customers and staff accessing the premises and therefore entitled the tenant to a fair proportionate abatement of rent; as a result the statutory demand was set aside because the debt claimed was not clearly due and payable and the court could not determine the fair proportion on this application.