5 May 2016
DRAKE CITY LTD v TASMAN-JONES [2016] NZHC 899
- Citation
- [2016] NZHC 899
- Court
- High Court
Clause 44.3 of the lease preserved the landlord's contractual right to commence proceedings for recovery of rent and other monies payable under the lease, so Drake's claim for rent and outgoings is not stayed by the lease arbitration clause; on transfer of the reversion Drake can enforce rent payable after transfer free of any set-off based on prior landlord's breaches; and the liquidator's disclaimer did not affect the defendants' liabilities as guarantors under s269(3) Companies Act 1993, so the defendants' application to dismiss or stay was dismissed.