7 Dec 2023
SEAGLASS HOLDINGS LTD v GIACON [2023] NZHC 3552
- Citation
- [2023] NZHC 3552
- Court
- High Court
Seaglass' claim for any rent and outgoings that fell due prior to 11 May 2016 was statute-barred under Limitation Act 2010 s11 because there was no sufficient written acknowledgement or part-payment to restart the limitation period under s47; the updated calculations of post- limitation-period arrears were reliable but did not rescue the time-barred elements; on the substantive defences the Court found (1) the alleged waiver of outgoings 11 Aug 2011–12 Jan 2015 amounted at most to a deferral though part performance would have saved a written variation if needed; (2) there was a contra arrange…
- Lease
- Rent arrears
- Outgoings
- Limitation act 2010 s11
- Limitation act 2010 s47 acknowledgement/part-payment
- Variation of contract