11 Apr 2018
STYLO MEDICAL SERVICES LIMITED v HUM HOSPITALITY LIMITED [2018] NZHC 642
- Citation
- [2018] NZHC 642
- Court
- High Court
Relief under s261 was granted because the tenant's failure to give renewal notice was inadvertent, the tenant was not shown to be a bad tenant or insolvent on the evidence, the alleged obligation to install a restaurant was unclear and in dispute and caused no proven prejudice to the landlord, and the prejudice to the tenant from refusing renewal substantially outweighed any prejudice to the landlord; accordingly the court ordered renewal for eight years with a further eight year right of renewal on the existing lease terms.