18 Aug 2020
TASTE OF ASIA LTD v HILLCREST PROPERTIES LTD [2020] NZHC 2081
- Citation
- [2020] NZHC 2081
- Court
- High Court
Although the tenant's breach in failing to obtain consent was deliberate and serious, Hillcrest suffered no financial or reputational loss, the subtenant performed well, and cancellation would cause disproportionate and severe loss to Taste of Asia; accordingly relief against forfeiture was granted and Hillcrest's possession application dismissed, subject to conditions requiring formal consent process for the sublease.