25 Mar 2022
GO LOUNGE LIMITED v OECL LIMITED [2022] NZHC 570
- Citation
- [2022] NZHC 570
- Court
- High Court
The Court exercised its wide equitable discretion under s264 and granted relief because the lessee's failure to give formal renewal notice was understandable and largely inadvertent in context of a long-standing informal renewal practice; auction materials and the agent's subsequent terms undermined claimed purchaser reliance on vacant possession; Go Lounge would suffer disproportionate prejudice (loss of business and livelihood and substantial sunk investment) while OECL failed to demonstrate comparable prejudice; on balance equity favoured ordering renewal of the 14 June 2019 lease without…