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Also, the empty unit was having a negative impact on the landlord in a mall where the fourth largest store continued to be boarded up.On the other hand, whilst there had only been a ‘passing interest’ in the lease, the Court agreed that there was still a prospect of finding an assignee and so SHB should not be deprived of the opportunity to reduce its debts and GB should not be deprived of its security.
SHB and GB felt that refusing relief would grant the landlord a material windfall with the leasehold valued in the region of £65 million, whilst GB would, as the lender, suffer a major loss.
In weighing up the parties’ respective interests, on the one hand the Court sympathised with the landlord’s view that there was no market for the lease anyway and so there would be little if anything lost by SHB or GB if relief was refused.
The lease contained a ‘keep open’ covenant to maintain trade at the store and a landlord’s right to forfeit (terminate) in the event of a breach of covenant.
In 2016, BHS ceased to trade and went into liquidation, changing its name to SHB Realisations Limited (SHB).
Every document or object filed in an action or proceeding shall constitute a part of the record in the superior court.
All documents and objects offered in evidence, whether admitted or rejected, shall be marked as exhibits or for identification, and filed in the action or proceeding.All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the county.No hearing, other than one (e) Determination of Matters Within Sixty Days; Report.Rules 91(a) through (d) contain the provisions formerly contained in Rules 77(a) through (d) of the Arizona Rules of Civil Procedure.Rule 91(e) is a slightly modified version of what was formerly Rule 77(i) of the Arizona Rules of Civil Procedure, and also effectively replaces former Rule 39(l) of the Arizona Rules of Civil Procedure and former Rule XIII of the Uniform Rules of Practice of the Superior Court, which covered the same subject matter and were simply abrogated for that reason.The court in each county shall review at least annually the status of all decedents' estates under supervised administration and guardianship and conservatorship proceedings pending for more than two years.As part of the effort to consolidate formerly separate sets of procedural rules into either the Arizona Rules of Civil Procedure or the Rules of the Arizona Supreme Court, various rule provisions contained in the Uniform Rules of Practice of the Superior Court and the Arizona Rules of Civil Procedure which were concerned primarily with the internal administration of the Superior Court were transferred to a retitled Section VII of the Rules of the Arizona Supreme Court, New Rule 91, which was promulgated in that process, is a composite of procedural provisions formerly contained in other rules.Rule 91(f) is a combination of former Rule 77(j) of the Arizona Rules of Civil Procedure and former Rule XIX of the Uniform Rules of Practice of the Superior Court.Rule 91(g) is former Rule 79(e) of the Arizona Rules of Civil Procedure, and Rules 91(h)(1), (h)(2) and (i) are, respectively, former Rules XVIII(a), XVIII(b) and IX of the Uniform Rules of Practice of the Superior Court.The landlord counter-claimed for possession and mesne profits.The Court held that although the breach was incurable, and would continue to be incurable until an assignee was found and the store opened for business, SHB was granted relief from forfeiture until 28 June 2019 to allow it time to find a buyer, failing which the lease would be forfeit.