New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Forfeiture and re-entry

Legal area

Court

25 Nov 2008

BLACKSTONE ANZBACK LIMITED V AUCKLAND TRAVELLERS ACCOMMODATION LIMITED AND ORS HC AK CIV 2008-404-003077

Citation

openlaw-aa3643ce_7291_4b3a_992d_62735984fa7d.pdf
Court

High Court

Summary judgment granted against lessee ATAL and guarantors Mr Albert and Mr Cuthbert because plaintiff established a prima facie case of unpaid rent, lawful re-entry and entitlement to damages and chattels under the lease; summary judgment declined against Mr Kini because there were unresolved factual issues (possible misrepresentation and reliance regarding release from guarantee) constituting a triable issue.
11 May 2007

Q T HOSPITALITY LIMITED V OXFORD HOLDINGS LIMITED AND ORS HC INV CIV 2007-425-178

Citation

openlaw-1eb9047c_feed_439c_bd42_fd02087a7577.pdf
Court

High Court

Relief against forfeiture granted because arrears were brought up to date, insolvency alone is not a sufficient ground to refuse relief, the court was not satisfied future rent would certainly default and there was a realistic short‑term prospect that rent would be paid supported by shareholder/family funds.