New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Property law act s118

Legal area

Court

2 Jul 2008

CROWN TRANSPORT SERVICES LTD V WAIPA DISTRICT COUNCIL HC HAM CIV 2007-419-001711

Citation

openlaw-796f9644_085b_4c8d_a310_366eb5f753f7.pdf
Court

High Court

No substantial dispute existed because there was no acceptance creating a binding agreement to surrender the lease and waive the debt, no executed deed of surrender was produced where the parties intended a written document, and the respondent's re-entry was lawful; therefore the statutory demand was not set aside.
22 Feb 2008

FAIRBURN V S L MARKS LIMITED HC ROT CIV 2007-463-932

Citation

openlaw-e8982687_dd69_4b4e_9fa4_e86bb19c0522.pdf
Court

High Court

The plaintiff was in arrears, had not requested a settlement figure before cancellation, the defendant served valid notices under the Property Law Act and validly cancelled the contract; cancellation discharged further obligations under the Contractual Remedies Act 1979 s8(3), so the plaintiff failed to show a reasonably arguable interest and the caveat could not be maintained.