Westpac Merchant Finance Ltd v Winstone Industries Ltd - [1993] 2 NZLR 247

Property law — Lease — Covenant to repair — Covenant for quiet enjoyment — Lessee's business affected by entry of water — Cancellation of lease by lessee — Whether lease validly cancelled — Whether lessor had a duty to repair — Whether lessor in breach of covenant for quiet enjoyment.

Contract — Cancellation — Cancellation of lease by lessee — Whether lease validly cancelled — Whether Contractual Remedies Act 1979 applies to contracts of lease — Whether lessor in breach of covenants — Whether breach substantially reduced the benefit of the lease to the lessee to entitle it to cancel lease — Effect of lessee affirming contract with knowledge of breach - - Contractual Remedies Act 1979, s 7.