14 Mar 2022
KUOCH v GANDA [2022] NZHC 452
- Citation
- [2022] NZHC 452
- Court
- High Court
Because the tenant's failure to give renewal notice was inadvertent, the tenant acted promptly to seek renewal, there was no evidence of tenant misconduct, and the lessor suffered no substantive prejudice (IGC issues either not attributable to tenant pre-assignment, subject to lease provisions or already credited), the Court exercised its wide remedial discretion under s264 to order renewal of the existing lease; the Court will not vary contractual terms or impose IGC payment as a condition absent a determination of liability under the lease.