New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Reinstatement of premises

Legal area

Court

10 Nov 2011

ARTHUR DEVINE LIMITED V HIGHGATE ON BROADWAY LIMITED HC BLE CIV-2011-406-185

Citation

openlaw-30fb738e_5211_47db_a73f_e916201ac6c9.pdf
Court

High Court

Court held it had jurisdiction under s253 to grant relief even where cancellation was disputed; declared the lease was wrongfully cancelled on 5 August 2011, reinstated the lease for the period 5 August to 31 August 2011, ordered renewal from 1 September 2011 in favour of the lessee (with right to exercise by 1 January 2012 on original terms), and ruled s256(1)(a) permits a condition requiring the lessor to meet reasonable costs of reinstating the premises to their pre-cancellation condition; claims for other damages to be pursued in separate proceedings.
26 Jul 2010

TWIN PEAKS COFFEE COMPANY LIMITED V BROADWAY DEVELOPMENTS 1986 LIMITED HC AK CIV-2010-404-3358

Citation

openlaw-7951e23c_5706_4042_8a31_9f536ca82a9c.pdf
Court

High Court

The court holds it has jurisdiction under s261 notwithstanding the lease had expired because s261(1)(c) contemplates failure to give required notice and the lessor's post‑expiry refusal engages s261(1)(d); however s264(2)(b) does not authorise ordering a lessor to physically reinstate premises or to resolve lessee's damages within the same relief application, so the proper remedy granted is an order compelling the lessor to grant a new lease in terms of clause 33.1 and other relief (physical reinstatement/damages) is not available in this proceeding.