12 Aug 2014
AUCKLAND COUNCIL v COSDO EQUITY LTD [2014] NZHC 1900
- Citation
- (2014) 15 NZCPR 537
- Court
- High Court
Relief against proposed cancellation was granted on terms because the substantive dispute over entitlement to rent abatement fell squarely within the lease's arbitration clause and was not suitable for resolution in an originating application, the balance of convenience favored allowing the lease to run until expiry, Cosdo would not suffer irreparable harm and both parties can be compensated ultimately; accordingly the Council must pay the portion it alleges is abated into Meredith Connell's trust account, pay the balance of unpaid rent to Cosdo, and the parties must proceed to arbitration to…