A commercial tenant brought an action alleging breach of an exclusive use clause in a shopping mall lease, claiming loss of profits after its restaurant business failed.
The landlord counterclaimed for unpaid rent and utilities and sought to enforce a personal guarantee provided by the tenant’s principal.
The court dismissed the tenant’s claim and found that lease covenants are independent, meaning rent remained payable regardless of the alleged breach.
The guarantor could not rely on alleged oral amendments or the absence of a separate indemnity document to avoid liability under the written guarantee.
Judgment was granted on the counterclaim for rent arrears with contractual interest and substantial indemnity costs.
