17 Jul 2012
SCRAPBOOK ALLEY LIMITED V D CHOW, F CHOW AND DA LEA HC PMN CIV-2011-454-141
- Citation
- openlaw-1a54e501_cc19_4967_8bfc_363aa2646427.pdf
- Court
- High Court
On the pleadings and evidence the landlord‑tenant relationship was an arm's length commercial tenancy so no tenable fiduciary duty existed and the fiduciary claim is struck out; clause 11.1 unambiguously excludes landlord liability for loss from defects absent written notice so negligence claim based on escape of fire is untenable and struck out; however issues of fact remain as to breach of express covenant of quiet enjoyment and tortious claims (conversion, trespass, nuisance) so those claims are not struck out; security for costs was refused because there was a reasonable probability plain…