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127 Hobson Street Ltd v Honey Bees Preschool Ltd - [2019] 2 NZLR 790

$30.00

Court of Appeal Wellington
CA99/2018; [2019] NZCA 122
22 November 2018; 18 April 2019
Kós P, Brown and Gilbert JJ
Contract — Penalty clause — Lease and collateral deed providing for installation of lift within two years seven months — Whether indemnity clause in collateral deed lawful and enforceable — What was parties’ intention — Whether clause imposed detriment on landlord out of all proportion to legitimate interest of tenant — Whether predominant purpose of clause was to punish promisor.

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