New Zealand Case Law: Decisions & Judgments

Topic

Reinstatement obligations

Legal area

Court

6 Jun 2014

BEST FOOD FRESH TOFU LTD v CHINA TAIPING INSURANCE (NZ) CO LTD [2014] NZHC 1279

Citation

[2014] NZHC 1279
Court

High Court

The insurer's admitted election to arrange and pay for repairs (paragraph 1.5) amounted to an election to reinstate; under established authority this imports an obligation to carry out reinstatement to a reasonable workmanlike standard and within a reasonable time, and the pleaded implied terms and tortious duty were pleaded with sufficient particularity; accordingly the application to review the Associate Judge's refusal to order further particulars is dismissed.
28 Apr 2014

CAZNA AVENUE NOMINEES LIMITED v THE UNIVERSITY OF AUCKLAND [2014] NZHC 837

Citation

[2014] NZHC 837
Court

High Court

The Court corrected the judgment to require interest at the rate prescribed under the Judicature Act from 7 September 2009 (applying the statutory rates for the relevant periods); refused Cazna's claim for indemnity (solicitor and client) costs because the landlord's rights were not assigned to Cazna; awarded scale costs on a 2B basis at 80% of the claimed amount; and allowed specified disbursements with adjustments (allowing Rider Hunt, 50% of Seagar & Partners, setting down fee, 50% of photocopying, disallowing three former solicitor invoices) resulting in total disbursements of $35,743.23.
18 Mar 2014

DAISY LTD v WELLINGTON DISTRIBUTORS LTD [2014] NZHC 497

Citation

[2014] NZHC 497
Court

High Court

Service in two timely communications satisfied the statutory requirement; there is a genuine and substantial dispute as to the quantum and reasonableness of reinstatement costs claimed such that the statutory demand procedure was being used to pre-empt a disputed claim; accordingly the statutory demand must be set aside because the debt was not established as owing without dispute.
27 Feb 2014

CAZNA AVENUE NOMINEES LTD v THE UNIVERSITY OF AUCKLAND [2014] NZHC 303

Citation

[2014] NZHC 303
Court

High Court

Clause 15 of the sale agreement, read as a whole, effected an absolute assignment of the landlord's rights to require reinstatement upon the sale becoming unconditional; written notice of assignment was given to the University on 15 November 2006; Cazna validly required reinstatement by solicitor's letter of 27 November 2006 and Rider Hunt report; no term requiring 'reasonable' advance notice should be implied into the lease; the required works fell within the lease reinstatement obligations; the appropriate measure of damages is the cost of reinstatement; quantum fixed at $333,379; interest…
26 Mar 2013

NAPIER CITY COUNCIL v CITYSCAPE NEW ZEALAND LIMITED HC NAP CIV-2012-441-406

Citation

openlaw-02406418_8a9f_4aed_bd7e_510a8ee1d74c.pdf
Court

High Court

The court held the arbitrator correctly interpreted cl 20.1 of the ADLS lease as requiring reinstatement to the condition at the commencement of the lease (prior to tenant's fit-out) and correctly found costs were 'incurred' within six months when the landlord entered into a binding reinstatement contract within that period; the alternative renewal argument was not before the arbitrator and the court lacked jurisdiction to entertain it on appeal. The appeal was dismissed.
14 Dec 2010

TRANSFORM MINERALS LIMITED V GORDON WRIGHT & SONS LIMITED HC CHCH CIV-2010-409-001447

Citation

openlaw-8013f8f7_6f1b_49d4_97ac_0c15bddbe3c4.pdf
Court

High Court

The Court exercised its broad discretion under s264 and concluded the lessee's failure to give notice was inadvertent, the lessee would suffer greater prejudice absent renewal than the lessor would suffer if renewal were granted, the lessee had not demonstrated a deliberate disregard of reinstatement obligations, and the existence of resource consents, mining reserves and consent conditions (including a performance bond and mine operations protocols) justified an order renewing the lease for a further term under s264(2)(a)(i).

New Zealand Case Law

BEST FOOD FRESH TOFU LTD v CHINA TAIPING INSURANCE (NZ) CO LTD [2014] NZHC 1279

CAZNA AVENUE NOMINEES LIMITED v THE UNIVERSITY OF AUCKLAND [2014] NZHC 837

DAISY LTD v WELLINGTON DISTRIBUTORS LTD [2014] NZHC 497

CAZNA AVENUE NOMINEES LTD v THE UNIVERSITY OF AUCKLAND [2014] NZHC 303

NAPIER CITY COUNCIL v CITYSCAPE NEW ZEALAND LIMITED HC NAP CIV-2012-441-406

TRANSFORM MINERALS LIMITED V GORDON WRIGHT & SONS LIMITED HC CHCH CIV-2010-409-001447