12 Mar 2008
BURRELL DEMOLITION V WELLINGTON CITY COUNCIL HC WN CIV-2006-485-1274
- Citation
- openlaw-d9d32ebe_4af2_4fd6_a85f_c3c3744899e2.pdf
- Court
- High Court
The Court found no binding oral agreement for renewal; the written Option Clause granted only a right of first refusal conditional on compliance. The New Lease was valid and not procured by duress. The Condition Precedent was a process-based requirement (approval of a management plan to establish compliance over time), the Council had extended and repeatedly treated approval as ongoing, and the Council's 2004 determination that the Condition Precedent had failed was based on error and inaction; accordingly the Notice to Quit was invalid and Burrell Demolition remains a tenant under the Origin…