14 Sept 2018
The indemnity in clause 24 applied to the enforcement steps taken by the plaintiff to secure a rent review; the indemnity is not contrary to public policy; the costs claimed were reasonably incurred and reasonable in quantum; accordingly the defendant was ordered to pay the plaintiff's contractual indemnity costs of $99,706.99 plus disbursements of $5,523.
15 Apr 2014
Taking account of all evidence the plaintiff failed to establish a real risk that the defendant would dissipate assets prior to trial; the defendant provided credible explanations, disclosed bank particulars, intends to remain in New Zealand and has sufficient assets to meet any liability, therefore continuation of the interim freezing order was not justified and it was discharged.
15 Feb 2010
The setting down date remained the date 40 working days before the original allocated hearing (29 October 2007), so leave was required under the Rules to amend pleadings filed after that date; the proposed amendments fail as a matter of law or lack adequate particularisation, would contradict express lease terms, and would cause significant prejudice and delay, therefore leave to file the second amended statement of claim and amended defence to counterclaim is refused.