20 Aug 2013
STYLO MEDICAL SERVICES LTD v HUM HOSPITALITY LTD [2013] NZHC 2114
- Citation
- [2013] NZHC 2114
- Court
- High Court
Although Hum was in breach and the PLA notice had arguable deficiencies in specificity, the Court refused to cancel the lease and exercised its discretion under s253 to grant relief against cancellation because the landlord had no immediate loss, the contractual timeframes could not be judicially rewritten, and the balance of discretionary factors favored affording Hum an opportunity to remedy or negotiate a resolution; leave was reserved to relist if no agreement was reached and costs were ordered to lie where they fall.