New Zealand Case Law: Decisions & Judgments

Topic

Lease enforcement

Legal area

Court

20 Oct 2021

SOMERFIELD INVESTMENTS LIMITED v SINFUL COFFEE LIMITED [2021] NZHC 2806

Citation

[2021] NZHC 2806
Court

High Court

The court held Somerfield was not entitled to summary judgment for the repair and maintenance costs because the works predated the lease and were carried out under an earlier lease with a different landlord, creating an arguable defence; however Somerfield was entitled to contractual default interest and solicitor-client costs under the lease, and summary judgment was entered for those amounts against both defendants.
4 Jun 2021

SOMERFIELD INVESTMENTS LIMITED v SINFUL COFFEE LIMITED [2021] NZHC 1327

Citation

[2021] NZHC 1327
Court

High Court

Because the director's affidavit acknowledged the $10,228.85 was payable by the company and remained unpaid, there was no genuine dispute about that liability; the dispute resolution clause did not preclude summary judgment in those circumstances, and summary judgment was therefore entered for that sum while the balance of the claim was adjourned for hearing.
9 Oct 2019

BACON HOLDINGS LIMITED v BALLY McCAHILL LIMITED [2019] NZHC 2592

Citation

[2019] NZHC 2592
Court

High Court

The court ordered Bally McCahill to swear an affidavit and produce any documents in its control relating to dealings with Pamela Management Limited that refer to the arrangements with Bacon Holdings, on the basis those documents fall within the tailored discovery directions and are likely to exist given the sale and due diligence process; the court refused a wider order for internal records because the director swore such records did not exist.
1 Mar 2019

AUDIO ESSENTIALS LIMITED v TRIPATHI & ORS Costs [2019] NZHC 311

Citation

[2019] NZHC 311
Court

High Court

Because the lease expressly provided for recovery of solicitor-client costs in enforcing the landlord's rights, Christiansen AJ found the guarantor liable, and the claimant produced invoices and affidavit establishing a reasonable solicitor-client costs claim, the first defendant (guarantor) is liable to pay $60,299.96 (GST and disbursements to judgment); no basis exists to defer payment pending appeal.
28 Nov 2016

PINNY v PINNY [2016] NZHC 2805

Citation

[2016] NZHC 2805
Court

High Court

The court found the evidence of an enforceable oral renewal and of part performance to meet s24 PLA was insufficient so there was not a serious question on enforceability, but on balance of convenience and overall justice granted limited interim relief: Brent may remain until 1 April 2017 provided he pays proper rental and cooperates in marketing, and respondents are restrained from enforcing PLA notices until 1 February 2017 subject to conditions and leave to revisit on breach.
7 Oct 2016

HILL V MĀORI TRUSTEE [2016] NZCA 487

Citation

[2016] NZCA 487
Court

Court of Appeal

Leave to bring a second appeal was declined because the appellant failed to identify any question of law or fact capable of bona fide and serious argument, repeated grounds already rejected by lower Courts, many grounds were moot following expiry of the lease, and the appeal did not raise any private or public importance sufficient to justify the cost and delay of further appeal.
4 Mar 2016

HILL v MĀORI TRUSTEE [2016] NZHC 364

Citation

[2016] NZHC 364
Court

High Court

The High Court dismissed the appeal: the District Court did not err in its procedural management (including simplified trial allocation and treatment of further evidence), the appellant's dual‑personality/cestui que trust and admiralty theories were legally untenable, the lease was a binding contract and enforceable, the commission and rates claims were properly payable and the appellant's counterclaims were without legal foundation; the stay was lifted and costs were to be addressed on paper.
16 Dec 2014

GPL LIMITED v DEMPSTER [2014] NZHC 3263

Citation

[2014] NZHC 3263
Court

High Court

The Court found there was a serious question to be tried on whether the March 2007 document was a binding lease including a right of first refusal and whether that right survived to 2014; given GPL's long possession and payment of rent, the equivocal conduct of the Dempsters (including covert sale dealings and suppression of information), and the risk of irremediable loss to GPL, the balance of convenience and overall justice favoured granting interim mandatory possession and prohibitory orders subject to conditions (security, rent payments and undertaking as to damages).
30 Sept 2014

LHL LEASING SOLUTIONS LIMITED v PINTO LIMITED [2014] NZHC 2397

Citation

[2014] NZHC 2397
Court

High Court

Plaintiff is impecunious and its prospects of success are at best modest given weaknesses on key issues (GST claim inconsistent with contract, swap-out likely binding by ostensible authority, strong evidence of plaintiff's breach of maintenance obligations, return-of-goods claim weak and likely waived); balancing access to justice against these weaknesses, justice requires security for costs of $43,000, payable in two tranches, with the proceeding stayed if tranches are not paid and costs of the application awarded to defendant on a 2B basis.
14 Nov 2012

ALADDIN'S MOTOR INN LTD V BOWCORP HOLDINGS LTD COA CA16/2012

Citation

openlaw-0447f32b_ddd9_4d8a_89c2_715a6d72e131.pdf
Court

Court of Appeal

Clause 3.9(b) of the lease, read with the arbitration clause treated as independent, precludes set-off of the lessee's counterclaims once the dispute was referred to arbitration and survives termination of the lease; accordingly the statutory demand could not be set aside under s 290(4), and the Court allowed the appeal in part only to quash and substitute the High Court costs award with a reduced amount.