27 Feb 2019
PEEGEECEE LIMITED, v PARKVIEW ON HAGLEY LIMITED [2019] NZHC 258
- Citation
- [2019] NZHC 258
- Court
- High Court
The court found Parkview breached the lease by failing to provide audited accounts for year ending 31 March 2018 as required by cl 16.2 and by failing to make proper accounting records and supporting data available for inspection under cls 16.3–16.4. Other alleged breaches (including operational mismanagement under cl 6.5 and cleaning arrangements) were not proven or did not justify cancellation. Given breaches were remediable and arose from a mistaken construction rather than wilful misconduct, the court granted relief against cancellation under ss 253 and 256 on specific conditions (product…