New Zealand Case Law: Decisions & Judgments

Topic

Deed of lease

Legal area

Court

11 Oct 2021

WAIKORO LTD v BEACH ARENA LTD [2021] NZHC 2707

Citation

[2021] NZHC 2707
Court

High Court

Leave to appeal under s56(3) was refused because BAL's proposed grounds were not sufficiently meritorious or likely to be dispositive, did not raise issues of public importance to outweigh the delay and prejudice of interlocutory appeal, and the High Court correctly applied established abuse-of-process principles (including Johnson v Gore Wood); prompt resolution by the substantive hearing and the parties' litigation history favoured denial of leave.
17 Dec 2019

BBC EXCAVATION LIMITED v COOK STRAIT PROPERTIES LIMITED [2019] NZHC 3369

Citation

[2019] NZHC 3369
Court

High Court

The deed of lease was executed by the tenant and guarantor and the parties acted in performance of the lease; the formal requirements under the Statute of Frauds were satisfied by the written deed and part performance; there was no repudiation and therefore no real or arguable dispute about BBC's liability under the guarantee, so the s290 application fails.
11 May 2018

GRACEWOOD TIMBER PRODUCTS LTD v KITE, [2018] NZHC 1030

Citation

[2018] NZHC 1030
Court

High Court

The contractual clause (cl 6.1) entitled the respondent to indemnity costs and, having reviewed the task descriptions, time spent and the $300/hr rate, the Court was satisfied the costs were properly incurred and reasonable; therefore indemnity costs in the sum claimed ($15,750) were awarded plus disbursements to be fixed by the Registrar.
28 Aug 2013

ALL METALS TRADING COMPANY LIMITED v EAGLE WIRE PRODUCTS LIMITED [2013] NZHC 2198

Citation

[2013] NZHC 2198
Court

High Court

On the facts the presumption that Mr Wright signed only personally was displaced by his conduct and prior dealings with the landlord so Eagle Wire and Tawil were bound as guarantors; clause 31.1 entitled the landlord to ownership of unremoved fixtures after the prescribed period and clause 1.1 excluded set-off, and the defendants failed to establish a strong prima facie case of conversion or set-off to justify a stay; accordingly the Associate Judge's decision was correct and the review is dismissed.
1 Dec 2005

WHOLESALE DISTRIBUTORS LIMITED V GIBBONS HOLDINGS LIMITED SC SC 53/2005

Citation

SC 53/2005
Court

Supreme Court

Leave to appeal was granted because the question whether the appellant remains bound by the sublessee's obligations under the 1991 deed and required to enter the new lease raises a substantive legal issue warranting determination by the Supreme Court; the appeal is limited to that approved r 29 ground.

New Zealand Case Law

WAIKORO LTD v BEACH ARENA LTD [2021] NZHC 2707

BBC EXCAVATION LIMITED v COOK STRAIT PROPERTIES LIMITED [2019] NZHC 3369

GRACEWOOD TIMBER PRODUCTS LTD v KITE, [2018] NZHC 1030

ALL METALS TRADING COMPANY LIMITED v EAGLE WIRE PRODUCTS LIMITED [2013] NZHC 2198

WHOLESALE DISTRIBUTORS LIMITED V GIBBONS HOLDINGS LIMITED SC SC 53/2005