26 Mar 2013
NAPIER CITY COUNCIL v CITYSCAPE NEW ZEALAND LIMITED HC NAP CIV-2012-441-406
- Citation
- openlaw-02406418_8a9f_4aed_bd7e_510a8ee1d74c.pdf
- Court
- High Court
The court held the arbitrator correctly interpreted cl 20.1 of the ADLS lease as requiring reinstatement to the condition at the commencement of the lease (prior to tenant's fit-out) and correctly found costs were 'incurred' within six months when the landlord entered into a binding reinstatement contract within that period; the alternative renewal argument was not before the arbitrator and the court lacked jurisdiction to entertain it on appeal. The appeal was dismissed.