30 Nov 2022
Because the parties filed a joint memorandum with a detailed breakdown and the Court was satisfied the claimed amounts were the actual costs, disbursements and witness expenses reasonably incurred by the Trust under High Court Rules r14.6(1)(b), the Court ordered Van Hung to pay $23,672.80 plus interest at 12% per annum from 20 October 2022.
31 Mar 2021
The Court granted leave to discontinue and held HJS AG to be the successful party because the proceeding achieved its purpose; once HJS AG obtained a charging order it could validly set off rent against its judgment debt and thus would have inevitably succeeded in obtaining relief against forfeiture, so Tumatatoro must pay costs to HJS AG on a Category 2B basis plus disbursements.
2 Sept 2019
Evidence supported the schedule of unpaid rent, outgoings and solicitor-client costs recoverable under the incorporated lease terms; the applicant proved liability for $46,949.58 but failed to prove the bank overdraft rate underpinning the claimed 24.5% default interest, so the interest claim was disallowed; costs reserved to be determined on memoranda.
24 Jun 2019
Extension of time to file the case on appeal is declined because, notwithstanding some latitude for lay litigants and delay caused by misunderstanding, the proposed appeal lacked merit for multiple conclusive reasons (prior determinations, upheld valuation, clear statutory demand, and likely mootness); application to adduce further evidence is declined as moot and because much of the material sought to be adduced were legal submissions not admissible evidence.
22 May 2018
Because Oceanic Palms did not set aside the statutory demand and produced no cogent evidence of a genuine and substantial dispute about the debt, and because the judicial review grounds were already rejected by the Court of Appeal and would not affect liability for rent or costs, the Court refused the stay, held Oceanic Palms to be insolvent, and ordered liquidation with appointed liquidators and costs as pleaded.
25 Nov 2015
The interim injunction was discharged because the balance of convenience favored lifting it: imminent risk of lease forfeiture and loss of the business and fixtures outweighed the minority shareholder's non‑irreparable monetary prejudice which could be pursued by damages; Mr Read was joined as an applicant but the injunction could not be maintained given the real prospect of losing the business and creditors going unpaid.
25 Feb 2015
The Court found Hortiventure had not waived its contractual arbitration right, was asserting bona fide disputes over the PLA notice, and had not taken a disqualifying step in the proceedings by serving the trespass notice; accordingly under art 8(1) the High Court must stay the proceedings and refer the dispute to arbitration and it was appropriate to refer directly to arbitration and provide for appointment of a single arbitrator by the President of the NZ Law Society if the parties could not agree.
13 May 2013
Summary judgment denied for first and third causes because defendant raised arguable equitable estoppel and Fair Trading Act defences and there were genuine factual and evidential disputes on reliance, causation and the extent/quantification of repair breaches requiring interlocutory procedures and trial; summary judgment granted for second cause as auction, marketing and related legal costs were recoverable under clause 13(k), judgment entered for $18,741.88; directions given for filing defence and case management to prepare issues for trial.
8 Nov 2011
The Court found on the evidence there was a binding 2006 agreement reducing rent and obliging MFT to pay outgoings; the May 2009 email signed "Gary" authenticated a sufficient memorandum for s2 or was rectifiable to the oral agreement; alternatively the payments and conduct satisfied the doctrine of part performance making the agreement enforceable in equity; therefore MFT could not cancel the lease for alleged arrears and the High Court cancellation orders were set aside; Country Club was entitled to a set-off for accommodation at $350/week and MFT must repay overpayments with interest and p…
14 Oct 2011
Relief against cancellation was granted for 24 months because, applying the Property Law Act and the established proportionality test, cancellation would be a disproportionate response: receivership was not shown to be the lessee's culpable fault, Ikamatua is a core asset to the sale process, the receivers demonstrated bona fide steps to preserve value and to mitigate prejudice (two years' rent payment, compliance with covenants and offer to sublease), and conditions adequately protect lessors' interests.