New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Leasehold rent review

Legal area

Court

8 Oct 2014

THE CORNWALL PARK TRUST BOARD INC v CHEN [2014] NZHC 2465

Citation

[2014] NZHC 2465
Court

High Court

Clause 13(t) is to be read in its statutory and contractual context and does not impose liability on a lessee to pay backdated upset rent where no new lease is granted (including where the lease fails to sell at auction and improvements revert under clause 13(w)); however the lessee breached express repair covenants (clauses 5 and 7) and is liable for the reasonable cost of putting the premises into the state they ought to have been in at yield up, quantified by the Board's incurred remediation costs.
29 Sept 2006

EASTSIDE HOLDINGS LIMITED V WALTERS TRUSTEES LIMITED HC AK CIV 2006 - 404-2182

Citation

openlaw-9317771b_3aff_4801_884d_345f045654d4.pdf
Court

High Court

The Court held that the vendor's communication that a valuer had assessed the market rent at $88,000 amounted to a properly formed opinion about a bilateral negotiation and not a factual representation that the rent would be $88,000; accordingly there was no actionable misrepresentation and the defendant's purported cancellation was invalid, so summary judgment ordering specific performance with interest and costs was appropriate.