The Court held that a renewal clause requiring the sublessor to grant new subleases 'upon similar terms and conditions' was sufficiently certain to be enforceable where the existing sublease provided the substantive content of the parties' rights and obligations, distinguishing Bellevue Station on the basis that 'similar' merely accommodated inevitable variations in descriptors rather than requiring further agreement. The Court further held that a sublessor who fails to provide the sublessee with information necessary to ascertain what rent and outgoings are payable breaches an implied duty of cooperation under Secured Income Real Estate v St Martin's Investments, and is precluded from relying on the sublessee's consequent non-payment as a ground for termination or as evidence the sublessee is not ready, willing and able to perform. Relief from forfeiture was granted in respect of old technical breaches (cattle yards built with verbal but not written consent) where the breaches were inadvertent, inconsequential, and the disproportion between the breach and the consequence of forfeiture was stark.
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