19 Jul 2007
AUCKLAND CITY COUNCIL V TAUBER HC AK CIV-2007-404-591
- Citation
- openlaw-85cba9aa_212e_4435_9660_36b91c018e3e.pdf
- Court
- High Court
The Court held that on the undisputed facts Jokers Wild could not present a 'clean offer' of a suitable tenant before the tenant's deadline because the proposed tenant insisted on an unresolved $10,000 fitout payment and the Council had not been provided adequate identity/financial information; those matters meant there was an arguable basis for the Council's rejection and therefore no arguable defence remained to the Council's claim, so summary judgment for the Council was appropriate.