MFT Properties  Limited v Country Club Apartments Limited - SC 123/2011

Civil Appeal – Leases – Contracts Enforcement Act 1956 – Whether Court of Appeal erred in finding a binding oral agreement to vary rental rate rather than indulgence revocable at will by lessor – Whether oral agreement constituted sufficient memorandum for purposes or Contracts Enforcement Act or whether alternatively doctrine of part performance could apply to agreement – Whether Court of Appeal erred in factual findings in respect of accommodation charge set-off and penalty interest liability.[2011] NZCA 560  CA 244/2011