28 Feb 2023
The stay application was dismissed as withdrawn and no costs order was made; although r 7.77(8) arguably applied, the stay application faced a significant obstacle because other causes of action in the original pleading were not arbitrable and the plaintiffs elected at a late stage to amend to avoid arbitration, so interests of justice required leaving costs to lie where they fall.
14 Dec 2021
Costs reduced by 50% and respondent ordered to pay specified costs because appellants pursued arguments that were not focussed on the pleaded agreement to lease and relied on irrelevant lease documents, thereby contributing unnecessarily to time and expense and justifying reduction under r 14.7(f)(ii) and r 14.7(g).
11 Nov 2021
The District Court erred in granting summary judgment because there were genuine factual disputes and an arguable defence based on alleged derogation by the lessor which could operate as a set-off/counterclaim against the rent claim; the agreement to lease (lease proposal) governed the parties, the standard lease was not incorporated, and the matter must be remitted for a full hearing.
21 Dec 2017
Landlord validly served s245 notice and lawfully cancelled and re-entered; tenant failed to prove landlord breaches were sufficiently substantial or persistent to justify termination; contractual exclusion clause barred claims for stock damage absent prior written notice; default contractual high compound interest was penal in part and reduced to statutory rate (5% compounded quarterly); judgment for landlord for NZD 215,048.42 with interest to continue at 5% compounded quarterly until satisfaction.
27 Apr 2016
There is a serious question to be tried as to whether Alarm NZ holds rights under the lease (or by substitution) in carparks 73–76 and whether transfer would amount to trespass or breach of lease; however, on balance of convenience and having found damages would be an adequate remedy and having given weight to the legitimate interests of the innocent 2B purchaser and her mortgagee, the interim injunction was denied for carparks 73 and 74 but granted for carparks 75 and 76, with costs reserved.
16 Dec 2009
Summary judgment was refused because there are genuine and material disputes of fact (origin and cause of pavement failures, alleged representations, waiver and commencement/practical completion) which cannot be resolved on affidavit evidence alone; the guarantor therefore has arguable defences and possible set-offs requiring a full hearing; accordingly summary judgment is inappropriate and costs are reserved.
26 Mar 2008
The Judge granted an interim injunction preserving the status quo because the balance of convenience favored the plaintiff: completion of the weighbridge should be stayed pending the substantive hearing as the defendant's loss was limited and compensable (approximately NZD 10,000 per month) whereas the plaintiff faced business and reputational risk; the matter must be fully heard on 28 April 2008.
19 Dec 2005
The Court of Appeal held that the High Court erred in limiting damages for the second eviction on mitigation grounds and that a tenant unlawfully evicted is entitled to compensatory damages for natural consequences of the eviction; mitigation is fact specific and does not require a blanket reduction for failure to seek injunctions. The Court corrected arithmetic for the first eviction and re‑assessed the second eviction damages on the evidence, awarding $125,000 for the second eviction and a total award of $141,572 with specified interest, and dismissed the cross‑appeal on costs scale as the…