11 Mar 2020
OPOWORTH OF NEW ZEALAND LTD v 3R GLOBAL LTD [2020] NZHC 472
- Citation
- [2020] NZHC 472
- Court
- High Court
The Court found as a matter of fact that 3R carried out additions and alterations (removing walls and doors, constructing a new internal wall and corridor and installing doors) in breach of clause 22.1; Opoworth validly issued a s 246 notice and the breach was not remedied within the time specified; Opoworth reasonably withheld retrospective consent; accordingly Opoworth was entitled to cancel and possession but the Court exercised its discretion under s 253 to grant relief against cancellation on conditions requiring 3R, within two months and at its expense, to obtain independent building ex…