10 May 2013
NEW ZEALAND INSTITUTE OF SPORT LIMITED v MAJESTIC INVESTMENTS LIMITED [2013] NZHC 2762
- Citation
- [2013] NZHC 2762
- Court
- High Court
Relief against cancellation granted to NZIS because the alleged breaches were relatively minor, some were not established (notably building consent issues and liquor licence), landlord conduct and the disproportionate harm to NZIS favored relief; MIL had not proved an entitlement to immediately resist payment of the $200,000 fit‑out contribution such as to justify setting aside the statutory demand, but allowable set‑offs and unresolved disputes justified a conditional order requiring MIL to pay the contribution less agreed or adjudicated set‑offs, after which NZIS must execute the deed and M…