10 Sept 2018
TURRALL v JACKSON [2018] NZHC 2370
- Citation
- (2018) 20 NZCPR 1
- Court
- High Court
The Court granted summary judgment against the former lessees (Jackson, Letica, Fox and Fox) for outstanding rent $662,729.86, insurance premiums $52,151.05 and interest to 3 February 2016 $241,751.85 and awarded contractual default interest at 20% p.a. from 4 February 2016 to date, holding that (a) the deeds of covenant imposed continuing liability subject to limitation, (b) Property Law Act s233 did not bar the Trust because the lease had been cancelled before sale so no reversion expectant existed for a purchaser to step into, (c) mitigation and Fair Trading Act defences did not raise an a…