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The Court of Appeal has dismissed an appeal against a High Court discovery order in a commercial lease dispute, where the appellants, landlords of a supermarket premises, alleged that the respondent tenant breached a covenant against alienation by operating a branded coffee shop. The High Court had granted discovery on terms different from those sought by the appellants, who contended that the judge erred in the formulation of the discovery category. The Court of Appeal found no error in the High Court's approach and affirmed the original order, concluding that the appellants were not exposed to a risk of injustice.
Commercial lease dispute, covenant against alienation, branded café, discovery order, Court of Appeal, High Court, breach of covenant, franchise, licence, concession, trading arrangements, forfeiture notice, quiet enjoyment, affidavit of discovery, cross-examination, tenant, landlord, appeal dismissed, covenant interpretation, business relationship.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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