5 Jun 2020
GOWER AND GRACE [2020] NZHC 1239
- Citation
- [2020] NZHC 1239
- Court
- High Court
Given the COVID-19 disruption, the uncertain payment position across the 22 specified leases, the commercial imperative to facilitate a sale of the franchised business as a going concern for creditors' benefit, and landlords' retained rights to terminate, the Court exercised its discretion under s 32 to excuse the applicants from personal liability for rent and other payments under those leases for the period in question and dispensed with prior service due to urgency.