26 Apr 2007
HARD TO FIND BUT WORTH THE EFFORT QUALITY SECOND HAND BOOKS (WELLINGTON) LIMITED (IN LIQUIDATION) V YONG QUAN HE, JUN YOU HE & JUAN NA HE HC WN CIV 2006-485-2078
- Citation
- openlaw-df133397_c7f8_4a52_9b56_8ca586208f2c.pdf
- Court
- High Court
Where a landlord levied distraint for unpaid rent and thereby elected that remedy but failed to complete lawful distress and account for the goods, the landlord was precluded from terminating/forfeiting the lease for the same rent until distress was completed; because the respondents distrained and did not comply with statutory requirements, they were bound by that election and could not terminate for the 1 February 2005 rent, so their counterclaim was set aside and the appellant was entitled to damages for conversion and full costs under s21 of the Distress and Replevin Act 1908.