23 Sept 2009
ROBT. JONES HOLDINGS LIMITED V NORTHERN CREST INVESTMENTS LIMITED HC WN CIV-2009-485-1013
- Citation
- openlaw-7306151c_100a_4afd_a1da_19edb2783daf.pdf
- Court
- High Court
On objective assessment NCIL repudiated the Lease by failing to pay essential rent obligations and abandoning Level 12; RJH was entitled to loss of bargain damages up to the hearing and summary judgment was granted for specified sums; summary judgment as to liability only was appropriate for future damages, make-good and legal costs to be quantified at a quantum hearing; NCIL's alleged set-off/counterclaim did not qualify as a set-off and lacked credibility to defeat summary judgment.