31 Mar 2010
E & E DEVELOPMENTS LTD V HOUSING NEW ZEALAND LTD HC AK CIV-2009-404-5656
- Citation
- openlaw-0c69f316_016a_4d03_a86b_eaf46e9cc3bf.pdf
- Court
- High Court
The lease language, read in context, meant the Annual Rent became payable only from the date the progress payments were repaid to the lessee (21 June 2004); consequently the first defendant had no obligation to pay the claimed rent for the period 8 December 2003 to 21 June 2004 and the plaintiff's summary judgment application failed against both defendants; there was no pleaded or demonstrable basis to hold the second defendant liable.