3 Oct 2014
STYLO MEDICAL SERVICES LIMITED v HUM HOSPITALITY LIMITED [2014] NZHC 2428
- Citation
- [2014] NZHC 2428
- Court
- High Court
Relief from cancellation was granted conditionally: the tenant must pay all outstanding rent (exclusive of interest) and outgoings within 15 working days; if payment is not made the lease is cancelled and possession ordered. The tenant's misrepresentation case is undermined by express 'as is' and disclaimer clauses in the agreements and lease, and absent payment of arrears it would be unjust to grant relief simply because the tenant undertook substantial improvements.