21 Dec 2017
JNJ HOLDINGS LIMITED v KENT SING TRADING COMPANY LIMITED & ORS [2017] NZHC 3274
- Citation
- [2017] NZHC 3274
- Court
- High Court
Landlord validly served s245 notice and lawfully cancelled and re-entered; tenant failed to prove landlord breaches were sufficiently substantial or persistent to justify termination; contractual exclusion clause barred claims for stock damage absent prior written notice; default contractual high compound interest was penal in part and reduced to statutory rate (5% compounded quarterly); judgment for landlord for NZD 215,048.42 with interest to continue at 5% compounded quarterly until satisfaction.