21 Dec 2022
TAURANGA CROSSING LTD v TAURANGA ADT LTD [2022] NZHC 3576
- Citation
- [2022] NZHC 3576
- Court
- High Court
Summary judgment was declined because the defendants demonstrated reasonably arguable defences: ambiguity and genuine dispute as to rent calculation (including whether the 8% GOC wash-up for the period to lease cancellation yields nil rent), reasonably arguable defences to liquidated damages given Covid-19 restrictions, landlord communications and proportionality/penalty concerns, and uncertainty as to the correct 12‑month period for the guarantor cap—all issues requiring full hearing and factual inquiry.