12 Aug 2022
On the uncontested affidavit evidence the defendant was in rent arrears exceeding the statutory threshold, a valid notice of intention to cancel was served and remained unremedied, therefore the plaintiff was entitled to cancel the lease and obtain an order for possession and to recover rent, costs and interest.
25 Nov 2014
The Court held that the definition of "Rent Payment Dates" in the First Schedule controlled the timing of payments so the first instalment fell due on 20 January 2014 and subsequent instalments on the same day of each following month; only one instalment was payable on 20 January 2014. The deposit paid into escrow was properly applicable to discharge the initial rental instalments on execution of the Lease and the Lessee was not in default. The Lessor was not entitled to recover on a quantum meruit for the pre-execution period because the parties had agreed (and the Lessor had confirmed) that…
20 Aug 2013
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.
10 Jun 2004
Tendering a personal cheque in response to a clause 2.2 notice did not remedy the purchaser's default because payment under the contract required legal tender or cleared funds (bank cheque or cleared bank transfer) unless the vendor expressly agreed otherwise or accepted the personal cheque before the notice period expired; the vendors properly rejected the personal cheque and validly cancelled the contracts.