5 Sept 2022
STORAGEONE KAPITI (2012) LTD v SHARJA LTD [2022] NZHC 2252
- Citation
- (2022) 23 NZCPR 545
- Court
- High Court
Relief under s264 was granted because the lessee's failure to serve the renewal notice was inadvertent, the lessor was willing to continue a long-term lease (indicating it would be taking commercial advantage of the tenant's mistake to secure higher rent), the proven breaches (residential subletting and unauthorised alterations) caused no irremediable prejudice and could be regularised; relief was therefore appropriate subject to conditions including obtaining KCDC certification and enabling the lessor to give notice of CPI rent adjustments effective 1 March 2023; the respondent's counterclai…