STANTON & JIMCOCK LIMITED v ROWLING [2023] NZHC 96

STANTON & JIMCOCK LIMITED v ROWLING [2023] NZHC 96

Defendants filed no defence and the undisputed terms of the settlement and varied deed revoked their licence and required vacation and rental payments; under r12.2 the Court was satisfied there was no real question to be tried and made orders for immediate possession, specific performance, payment of unpaid rent...

Source-derived case information.

Citation
[2023] NZHC 96
Parties
Plaintiff/applicant: Stanton & Jimcock Limited; Defendant/respondent: William Andrew Rowling; Defendant/respondent: Kelly Rowling
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 February 2023
Procedural Posture
Application for Specific Performance and Possession (summary Judgment) / Judgment on Application for Summary Judgment
Outcome
Judgment for plaintiff Stanton & Jimcock Limited: specific performance and possession granted; unpaid rent, interest and costs awarded
Legal Topics
Specific Performance, Possession, Unlawful Occupier, Summary Judgment, Damages, Interest, Costs, Deed of Settlement, Vacant Possession, Rental Arrears
Contract Property Equity Civil Procedure Specific Performance Possession Unlawful Occupier Summary Judgment +6 more

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Parties

Stanton & Jimcock Limited

Plaintiff/applicant

William Andrew Rowling

Defendant/respondent

Kelly Rowling

Defendant/respondent

Procedural Posture

Application for Specific Performance and Possession (summary Judgment) / Judgment on Application for Summary Judgment

Legal Issues

  1. 1 Whether defendants have any real defence to the plaintiff's claim under r 12.2 of the High Court Rules
  2. 2 Whether specific performance and an order for possession are appropriate remedies to enforce the settlement deed and varied deed
  3. 3 Whether defendants are unlawful occupiers without legal right to remain

Ratio Decidendi

Defendants filed no defence and the undisputed terms of the settlement and varied deed revoked their licence and required vacation and rental payments; under r12.2 the Court was satisfied there was no real question to be tried and made orders for immediate possession, specific performance, payment of unpaid rent with interest and costs.

Court Disposition

Judgment for plaintiff Stanton & Jimcock Limited: specific performance and possession granted; unpaid rent, interest and costs awarded

Orders

  • Defendants to comply with the notice issued under cl 1.1 of the varied settlement deed
  • Defendants ordered to give immediate possession of the house and property at 532 Foster Road, Whakatane (Identifier 998101) to Stanton & Jimcock Limited