BF v XX [2023] NZDT 245 (18 May 2023) [pdf, 197 KB]
...the head tenant denied this and contended that she merely said he could hold off paying due to being under financial pressure when he moved in. 6. A waiver requires a clear, unequivocal representation that the party will not insist on strict performance of a contractual term. Given the conflict of evidence between the parties, I am CI0301_CIV_DCDT_Order Page 2 of 3 unable to find that the head tenant completely waived payment of the expenses rather than merely allowing them to be p...