13 Oct 2017
SAISATNAM LIMITED v EDMONDS MARSHALL TRUSTEE SERVICES NO 3 LIMITED AND JULIE DIANE HAWKES AS TRUSTEES OF THE HAWKES FAMILY TRUST [2017] NZHC 2509
- Citation
- [2017] NZHC 2509
- Court
- High Court
The memorandum of offer contained the essential terms (parties, premises, commencement, duration and rent) and was sufficiently certain to be enforceable; the generic lease was not incorporated or implied; the parties' conduct and acts of part performance established valid renewals (including 2011 and 2016) on five‑year cycles; although the lessee breached its obligation to uplift rent by 2% annually the breach was inadvertent and capable of remedy; in the exercise of the court's broad discretion under ss 261 and 264 PLA the court granted relief and ordered renewal to 31 March 2021 subject to…