E & E DEVELOPMENTS LTD V HOUSING NEW ZEALAND LTD HC AK CIV 2009-404-5656

E & E DEVELOPMENTS LTD V HOUSING NEW ZEALAND LTD HC AK CIV 2009-404-5656

The lease language (Schedule 1 Item 10 read with clause 1.1) unambiguously made the annual rent payable only from the date the specified Payments were repaid (21 June 2004); on that interpretation the defendant owed no rent for 8 December 2003 to 21 June 2004 and, given the absence of any contractual context to displace that meaning, summary judgment for the first defendant was appropriate.

Citation
openlaw-32362f4b_6223_45dd_944e_e2aeff5d0e9e.pdf
Parties
Plaintiff: E & E Developments Limited; First Defendant: Housing New Zealand Limited; Second Defendant: Housing New Zealand Corporation
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 November 2010
Procedural Posture
Civil Contract/lease / Application for Summary Judgment (defendant)
Outcome
Judgment entered for the first defendant; proceeding discontinued against the second defendant.
Legal Topics
Lease Interpretation, Summary Judgment by Defendant, Rent Payable and Timing, Surrender of Lease, Contractual Context/matrix of Fact
Contract Property Civil Procedure Landlord and Tenant Law Lease Interpretation Summary Judgment by Defendant Rent Payable and Timing Surrender of Lease +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

E & E Developments Limited

Plaintiff

Housing New Zealand Limited

First Defendant

Housing New Zealand Corporation

Second Defendant

Procedural Posture

Civil Contract/lease / Application for Summary Judgment (defendant)

Legal Issues

  1. 1 Whether the memorandum of lease required payment of rent from 8 December 2003 to 21 June 2004
  2. 2 Proper interpretation of the terms 'annual rent', 'monthly rent' and the word 'payable' in the lease
  3. 3 Whether summary judgment was appropriate for determination of the lease interpretation question

Ratio Decidendi

The lease language (Schedule 1 Item 10 read with clause 1.1) unambiguously made the annual rent payable only from the date the specified Payments were repaid (21 June 2004); on that interpretation the defendant owed no rent for 8 December 2003 to 21 June 2004 and, given the absence of any contractual context to displace that meaning, summary judgment for the first defendant was appropriate.

Court Disposition

Judgment entered for the first defendant; proceeding discontinued against the second defendant.

Orders

  • Entry of judgment for the first defendant (Housing New Zealand Limited) dismissing the plaintiff's claim for rent for 8 December 2003 to 21 June 2004
  • Proceeding discontinued as to the second defendant (Housing New Zealand Corporation) by consent pursuant to rr 15.19(1)(b) and 15.20(4)