28 May 2014
BSR HOLDINGS LIMITED v SOLID HOSPITALITY LIMITED [2014] NZHC 1118
- Citation
- [2014] NZHC 1118
- Court
- High Court
The court held the 2008 email exchange created a binding agreement only as to ownership (acknowledging the listed items as lessee property) and did not resolve maintenance responsibilities; clause 8 of the lease obliges the lessee to maintain the interior, which includes the listed spas, showers and heat pumps, and those items are not excluded from the maintenance fund by clause 3 because they are fixtures/trade fixtures rather than 'lessee's chattels'; the defendant's mistake defence is not credible and estoppel need not be relied upon.