New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Agreement to negotiate

Legal area

Court

29 Aug 2017

SADDIK v UNIVERSITY OF AUCKLAND [2017] NZHC 2073

Citation

[2017] NZHC 2073
Court

High Court

The interim injunction was declined because the plaintiff's estoppel claim was weak and not strongly arguable on the evidence (including uncertainty over plaintiff's personal interest and detriment), the written record (month‑to‑month letter) undermined the alleged assurances, damages would likely be an adequate remedy and the balance of convenience favoured the University which has legitimate commercial reasons to lease to a preferred tenant.
27 Nov 2008

THE FRESH CHEF LIMITED V CATER AND JOHNSON AND ANOR HC WHA CIV-2008-488-477

Citation

openlaw-db13e340_2177_4d19_bab6_df55a9f0e9cc.pdf
Court

High Court

Clause 38 governed the holding over and entitled the landlord to terminate the tenancy by one month's notice; the November 2004 indulgence only promised a reasonable period for the tenant to find a buyer subject to the tenant making prompt and serious efforts and did not imply a separate obligation to give advance warning before the landlord could determine reasonable time had expired; promissory estoppel did not provide broader protection.