16 Nov 2011
RIPOSARE LIMITED V HILTON HC WHA CIV-2011-488-360
- Citation
- openlaw-c7d55836_4545_4950_ba66_e685ed2ea720.pdf
- Court
- High Court
The Court found the defendant, not the Mangawhati Maori Committee, was the tenant; the plaintiff validly served a s 246 notice and the defendant was in breach by failing to execute the required deed and by operating obstructive commercial stalls in the shared accessway; those breaches were unremedied within the specified period and justified cancellation of the agreement and an order for possession. Defects in the s 245 notice were noted but held not to be fatal to the s 246-based relief granted.