20 Mar 2012
LUXOTTICA RETAIL NEW ZEALAND LIMITED V SHYNDAY INTERNATIONAL LIMITED & OR HC AK CIV 2010-404-005667
- Citation
- openlaw-fc590d9e_6000_45b2_8beb_c2e07911baa8.pdf
- Court
- High Court
The head landlord and Luxottica did not breach the sublease; Shynday failed to implement an approved slurry disposal solution and could not show it was forced from the premises; inspections were reasonable; Luxottica had no duty to resolve the dispute on Shynday's behalf; the August 2007 letters granted a short licence and did not constitute full and final settlement of future loss claims; therefore Shynday and its guarantor are liable for reinstatement costs and quantified loss of bargain damages.