ANCHOR MOTELS LIMITED V TRUSSEL, TRUSSEL, AND DUGGAN HC CHCH CIV 2008-409-002588

ANCHOR MOTELS LIMITED V TRUSSEL, TRUSSEL, AND DUGGAN HC CHCH CIV 2008-409-002588

By consent the court entered conditional orders: unless the defendants paid the specified sum by the deadline the trustees were to be granted possession, the lease cancelled, and summary judgment for the specified sum entered against Anchor Motels and McGaw; the court thereby enforced the parties' agreed resolution...

Source-derived case information.

Citation
openlaw-17fbf133_8524_48c7_93bd_05d5fbebc247.pdf
Parties
Plaintiff / First Defendant (related Proceeding): Anchor Motels Limited; Defendant / Plaintiff (related Proceeding): Yves Raoul Trussel; Defendant / Plaintiff (related Proceeding): Vivian Monica Trussel; Defendant / Plaintiff (related Proceeding): Paul John Duggan; Second Defendant; Guarantor: Alastair Clarke McGaw
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 March 2009
Procedural Posture
Lease Dispute / Commercial Debt / Summary Judgment / Consent Hearing Orders Made (summary Judgment by Consent)
Outcome
Consent orders made: conditional payment deadline; possession and lease cancellation if payment not made; summary judgment entered; rights to seek further compensation reserved.
Legal Topics
Forfeiture of Lease, Possession Orders, Summary Judgment, Cancellation of Lease, Remedies for Breach, Guarantor Liability
Property Law Contract Law Civil Procedure Guaranty Law Forfeiture of Lease Possession Orders Summary Judgment Cancellation of Lease +2 more

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Parties

Anchor Motels Limited

Plaintiff / First Defendant (related Proceeding)

Yves Raoul Trussel

Defendant / Plaintiff (related Proceeding)

Vivian Monica Trussel

Defendant / Plaintiff (related Proceeding)

Paul John Duggan

Defendant / Plaintiff (related Proceeding)

Alastair Clarke McGaw

Second Defendant; Guarantor

Procedural Posture

Lease Dispute / Commercial Debt / Summary Judgment / Consent Hearing Orders Made (summary Judgment by Consent)

Legal Issues

  1. 1 Whether summary judgment should be entered against Anchor Motels Limited and guarantor Alastair McGaw for the claimed sum
  2. 2 Whether the lease should be cancelled and possession granted if the judgment sum was not paid by the deadline
  3. 3 Whether the trustees' rights to seek additional compensation for pre-cancellation breaches should be preserved

Ratio Decidendi

By consent the court entered conditional orders: unless the defendants paid the specified sum by the deadline the trustees were to be granted possession, the lease cancelled, and summary judgment for the specified sum entered against Anchor Motels and McGaw; the court thereby enforced the parties' agreed resolution and preserved trustees' rights to seek further compensation for prior breaches.

Court Disposition

Consent orders made: conditional payment deadline; possession and lease cancellation if payment not made; summary judgment entered; rights to seek further compensation reserved.

Orders

  • Unless the first or second defendant makes payment of $125,749.41 by Wednesday, 15 April 2009: the trustees of the One Two Three Trust be granted possession of the premises at 42 to 44 Evans Street, Timaru, being all of the land in Certificates of Title CB 36D/1112 to 36D/1116 and CB 36B/556 currently subject to...
  • Deed of Lease No 7082082.2 dated 18 October 2006 between the trustees of the One Two Three Trust and Anchor Motels Limited is cancelled.