ST JOHN'S HOLDINGS LTD V KLISH HC AK CIV-2011-404-001145
Respondents were in proven arrears and were properly served with notice under the Property Law Act; they did not appear; consequently the registered lease is cancelled, the lessor is entitled to immediate possession and judgment for arrears, contractual interest and costs.
Source-derived case information.
- Citation
- openlaw-5c592d06_1b88_4332_bdb6_539588c1502c.pdf
- Parties
- Applicant: St John's Holdings Limited; Respondent: Taras Klish; Respondent: Maria Klish
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 29 March 2011
- Procedural Posture
- Lease Cancellation and Debt Recovery (residential Ground Lease) / Judgment After Hearing (respondents in Default)
- Outcome
- Lease cancelled; possession awarded to applicant; judgment for monetary sums claimed plus contractual interest; costs awarded to applicant.
- Legal Topics
- Lease Cancellation, Possession, Rent Arrears, Property Law Act Notice, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
St John's Holdings Limited
Applicant
Taras Klish
Respondent
Maria Klish
Respondent
Procedural Posture
Lease Cancellation and Debt Recovery (residential Ground Lease) / Judgment After Hearing (respondents in Default)
Legal Issues
- 1 Whether the lease should be cancelled for rent arrears and other breaches
- 2 Whether possession should be ordered to the lessor
- 3 Whether the respondents must pay arrears, contractual interest and other monies claimed
Ratio Decidendi
Respondents were in proven arrears and were properly served with notice under the Property Law Act; they did not appear; consequently the registered lease is cancelled, the lessor is entitled to immediate possession and judgment for arrears, contractual interest and costs.
Court Disposition
Lease cancelled; possession awarded to applicant; judgment for monetary sums claimed plus contractual interest; costs awarded to applicant.
Orders
- The lease registered as number 8079272.1 at Land Information New Zealand is cancelled with immediate effect.
- The respondents are ordered to give immediate possession of the land at 9 Anson Place, St Johns, Auckland to the applicant.
Full Case Text
Judgment text and source record
1 paragraphs
ST JOHN'S HOLDINGS LTD V KLISH HC AK CIV-2011-404-001145 29 March 2011IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2011-404-001145BETWEEN ST JOHN'S HOLDINGS LIMITEDApplicantAND TARAS KLISH AND MARIA KLISHRespondentHearing: 28 March 2011Appearances: J M Foley for ApplicantNo appearance for RespondentJudgment: 29 March 2011 at 4:00 PMJUDGMENT OF COURTNEY JThis judgment was delivered by Justice Courtneyon 29 March 2011 at 4:00 pmpursuant to R 11.5 of the High Court Rules.Registrar / Deputy RegistrarDateSolicitors: Foley & Hughes, P O Box 6829, Auckland 1141Fax: (09) 379-9560Counsel: J Foley, P O Box 4069, Auckland 1140email: james.foley@appold.co.nz[1] The applicant, St John's Holdings Ltd, is the lessor of residential property inSt Johns, Auckland. The street address is 9 Anson Place, St Johns. The respondentsare the lessees of the property under a ground lease registered number 8079272.1 atLand Information New Zealand.[2] The respondents are currently in arrears in respect of monies due under thelease. Mr Foley has proved me with a Solicitor's Certificate as to unpaid debt whichconfirms that as at today, 28 March 2011, arrears of $2,120.77 being the amountrequired by the Property Law Act Notice remains outstanding. There are additionalmonies also claimed under the lease. The amount sought today in respect of both theProperty Law Act arrears and the other monies total $7,669.17.[3] The applicant seeks to have the lease cancelled. The respondents have notappeared today and have taken no steps in the proceeding. There is an affidavit ofservice of the application on each respondent. I therefore make the orders sought asfollows:(a) That the lease registered with number 8079272.1 at Land InformationNew Zealand of which the applicant company is the current lessor andthe respondents are the current lessees be cancelled with immediateeffect;(b) That the respondents be required to give to the applicant companyimmediate possession of the land comprised in the lease being land at9 Anson Place, St Johns, Auckland;(c) That the respondents be required to pay to the applicant company thesum of $7,669.17, being arrears and other monies due and payableunder the lease up to the date of cancellation of the lease together withinterest thereon at the contractual rate permitted under the lease;(d) That the respondent pay the legal costs of the applicant company inthis matter including in giving notice of cancellation to cancel thelease under the Property Law Act 2007 and incurred in these proceedings.__________________P Courtney J