New Zealand Case Law: Decisions & Judgments

Topic

Lease obligations

Legal area

Court

5 May 2022

HAWKINS, v GANNON [2022] NZHC 941

Citation

[2022] NZHC 941
Court

High Court

Summary judgment was granted against the defendants for unpaid rent of NZD 135,125.33 and unpaid insurance premiums of NZD 67,811.54 together with contractual interest; summary judgment was declined for claims relating to maintenance fund contributions and resurfacing costs because there is an arguable defence that the lessee (company) may have been entitled to access the maintenance fund to defray those costs; costs were reserved and remaining issues directed to trial.
25 May 2020

GIBSON v KUPE TRUSTEES COMPANY LTD [2020] NZHC 1100

Citation

[2020] NZHC 1100
Court

High Court

The sublease language 'all and any costs and expenses properly incurred by the Lessor' is unambiguous and, construed objectively in context, includes costs of investigating, conducting litigation about, performing interim repairs and permanently remedying latent defects; no implied term limiting recoverable operating expenses to obligations Kupe was expressly bound to perform should be implied because the contract works effectively without such a term and the proposed limitation would contradict the express wording.
25 Sept 2018

BACON HOLDINGS LTD v BALLY MCCAHILL LTD [2018] NZHC 2507

Citation

[2018] NZHC 2507
Court

High Court

There was a serious question to be tried and a real risk of imminent environmental harm (possible pond overflow) such that damages would be an inadequate remedy; accordingly the court granted an interim interim injunction restraining Bally McCahill from preventing Bacon Holdings and its agents from accessing and operating irrigation equipment and required Bally McCahill to do what it lawfully can to procure tenant cooperation, subject to advance notice and other reasonable conditions, until the interim injunction application is determined.
25 May 2018

TROTT v BARNETT [2018] NZHC 1191

Citation

[2018] NZHC 1191
Court

High Court

The counterclaim was not struck out because facts about the will, the treatment of the shareholders' account and the defendants' knowledge raise factual and legal issues (constructive trust and accrual) that cannot be determined as untenable on pleadings alone; security for costs was refused because affidavits did not establish a reason to believe the defendants could not pay; tailored discovery was granted as necessary for the defendants' accounting expert; costs were awarded to defendants for the interlocutory applications on a 2B basis plus disbursements.
16 Mar 2017

Trott v Barnett [2017] NZHC 478

Citation

[2017] NZHC 478
Court

High Court

Given the live factual issues on the pleadings and probative Incodo reports showing indicators of water ingress and decay, the court found invasive testing necessary to enable proper determination under r 9.34; applicant's undertaking as to damages and willingness to fund testing removed a barrier to ordering testing; court appointed an independent expert nominated by the applicant, limited testing to specifically identified locations derived from the Incodo reports and Probett affidavit, allowed opposing experts to observe only, and ordered that the plaintiff bear testing costs subject to re…
10 Dec 2015

WAIKATO DISTRICT COUNCIL v SINGH [2015] NZHC 3147

Citation

[2015] NZHC 3147
Court

High Court

Relief from cancellation of the lease is granted as an indulgence subject to detailed conditions requiring completion of specified physical works within 60 working days of obtaining any required building consent, preparation and expert approval of risk management and water quality plans conforming to NZS 5826:2010, restriction on reopening the pools until those conditions (and Pool Safe application) are met, and a costs award in favour of the lessor reduced by 25% because the lessor's conduct contributed to the need for litigation; where experts cannot agree the parties may seek court assista…
8 Jul 2014

STYLO MEDICAL SERVICES LIMITED v HUM HOSPITALITY LIMITED [2014] NZHC 1587

Citation

[2014] NZHC 1587
Court

High Court

Relief from cancellation was granted conditionally because the evidence was inconclusive as to whether the specific works required by clause 48.5 had been completed to a workmanlike standard; the Court appointed a process (court‑appointed expert) to determine scope, standard and remaining works, and made relief conditional on that expert assessment with costs of the expert to be borne by the tenant.
16 Dec 2013

FOODSTUFFS (WELLINGTON) CO-OPERATIVE SOCIETY LIMITED v HOLDEN & ORS[2013] NZHC 3379

Citation

[2013] NZHC 3379
Court

High Court

Clause 2.19 must be given its plain meaning: it required the premises to be open and could be used for a supermarket or any other use permitted by the operative District Scheme; there was no contractual minimum turnover or obligation to operate a supermarket producing over $5.2 million, so the arbitrator erred in importing a turnover requirement and awarding turnover-based damages; the arbitrator's award was quashed.
18 Dec 2012

154 LIMITED (RECEIVER OF INCOME APPOINTED AND IN LIQUIDATION) V RJ BAGLEY & ANOR HC WN CIV-2012-485-1748

Citation

openlaw-a2c18e79_c33d_41a9_aaa0_3052d50e0e98.pdf
Court

High Court

No admissible evidence established that the plaintiff had actual or constructive knowledge of the second defendant's alleged incapacity when she signed the guarantee, nor was there evidence of unconscionable conduct by the plaintiff; accordingly the second defendant had no arguable defence and summary judgment was properly entered against her, including indemnity costs as provided by the lease.
29 Mar 2012

AUCKLAND WATERFRONT DEVELOPMENT AGENCY LIMITED V MOBIL OIL NEW ZEALAND LIMITED HC AK CIV-2011-404-2138

Citation

openlaw-4e5b55a3_96c0_4826_8b41_224653ad7ddb.pdf
Court

High Court

The strike-out application was dismissed because the meaning of the cleanup obligation is factually intertwined with issues of contamination, remediation feasibility, AWDA's plans and the reasonableness of standards at termination; these factual disputes make strike-out inappropriate and case management, pleadings amendment and further discovery are the proper course.