30 Jun 2021
SGAH INVESTMENTS LTD v MEI ENTERPRISES LTD [2021] NZHC 1588
- Citation
- [2021] NZHC 1588
- Court
- High Court
The 23 September 2020 refusal notice, being a subsequent notice that complied with s263, extinguished the earlier 5 August 2020 notice (or amounted to a waiver of reliance on it), so Mei's application filed 1 December 2020 was within the statutory three-month limit; on the merits the Court exercised its broad discretion under s264 to grant relief because arrears had been paid, prejudice to the lessor was insufficient to outweigh the lessee's loss and the misconduct did not yet justify denial of relief; accordingly SGAH's possession application was dismissed and SGAH ordered to enter into a ne…