22 Dec 2016
DETOUR CLOTHING LTD v STAR FIVE LTD [2016] NZHC 3195
- Citation
- [2016] NZHC 3195
- Court
- High Court
There was a serious question to be tried on whether consent was unreasonably withheld and whether relief under s253 could be granted, but on the balance of convenience and overall justice the court refused interim relief because an innocent third party (Happy Travels) lawfully entered and occupies the premises and Detour's own repeated defaults and inadequate responses weigh against granting an interim order; the court nonetheless ordered the lessor to take all practical and reasonable steps to secure recovery of Detour's fit-out and cooperation of the current occupant.