8 Oct 2009
BREWER V MARLBOROUGH AIRPORT LIMITED HC BLE CIV-2009-406-190
- Citation
- openlaw-01000669_c872_4879_8883_fe6dfe253da0.pdf
- Court
- High Court
The Court exercised its discretion under s 264 of the Property Law Act 2007 to decline relief because the licensee had demonstrated repeated and material breaches (unauthorised use of secure airside parking and failure to observe contractual opening hours), and given the unusual interdependence between licensor and licensee a breakdown of trust and a real risk of recurrence meant it was not appropriate to force renewal; however the licensor must honour its compensation offer and allow 28 days before demanding vacant possession.