30 Jun 2010
TOURNAMENT PARKING LIMITED V THE WELLINGTON COMPANY LIMITED HC WN CIV 2009-485-2508
- Citation
- openlaw-0eb73d3f_d53f_47c3_b9d1_c02cee10ac10.pdf
- Court
- High Court
The lease did not make time of the essence for rent reviews nor specify consequences of delay; absent express provision or a reasonable notice by the lessee making time of the essence, the lessor's delayed exercise of the review right is not automatically forfeited although the lessee may seek damages for unreasonable delay; accordingly the High Court allowed the appeal, ordered the rent at 19 April 2008 to be recalculated consistent with the judgment and remitted matters to the District Court if necessary.