20 May 2010
TARANUI MOTELS LIMITED V MCKAY HC WN CIV 2010-485-000353
- Citation
- openlaw-ae7c5afc_b79d_4841_bb76_9296a245d3c5.pdf
- Court
- High Court
The Court granted relief against cancellation because the central dispute about whether the lessor consented to the alterations and whether building consents exist is covered by the parties' arbitration agreement and remains unresolved; the lessee's claimed set-off is potentially valid but premature absent a landlord action, so interim relief is appropriate on condition that the lessee pay the disputed sum plus interest, and the lessor is restrained from enforcing the s246 notices pending compliance with that condition and final resolution.