15 Feb 2008
PUHINUI FARMS LIMITED V IH WEDDING & SONS LIMITED HC AK CIV 2006-404-771
- Citation
- openlaw-7ae581e7_4d88_4f60_a7a4_134172a4ddbd.pdf
- Court
- High Court
The Court found Weddings held over on the original lease terms after 30 June 2002; no binding second lease was formed on 10 August 2004; Weddings breached the reinstatement covenant in the lease and failed to pay royalties and rates to the termination date; damages are assessed by the prima facie measure (cost of reinstatement) subject to the experts' agreement and interpretation of the incorporated lease plan (contra proferentem applied) resulting in reinstatement damages of NZD 740,000; unpaid royalties, rates, mesne profits and interest were also awarded to the plaintiff.