31 Oct 2017
WENDCO (NZ) LTD v LJCTB TRUSTEES LTD AND ANOR [2017] NZHC 2668
- Citation
- [2017] NZHC 2668
- Court
- High Court
Although the lessee deliberately refrained from giving the formal renewal notice to press for better terms, the court weighed competing prejudice and exercised its equitable discretion under s 264 to order renewal of the lease on conditions; primary condition imposed is that the lessee compensate the lessor for costs incurred in obtaining a new tenant, with costs issues reserved for further submissions.