13 Apr 2011
MFT PROPERTIES LIMITED V COUNTRY CLUB APARTMENTS LIMITED HC AK CIV-2010-404-005913
- Citation
- openlaw-49d6f224_5546_4551_b5d0_75cb8c18b10e.pdf
- Court
- High Court
The oral mid-2006 variation was an unenforceable indulgence/waiver because it was not evidenced in writing as required by s 2 Contracts Enforcement Act and part performance/equitable estoppel did not validate it; therefore the contract rent is $136,000 plus GST p.a. with outgoings, Country Club is granted relief to renew the lease for 1 October 2006–30 September 2011 but the lease is to be cancelled unless Country Club pays the arrears (difference from 15 October 2009 to judgment plus outgoings) within 14 days, after which possession may be taken.