New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Relief against forfeiture/cancellation

Legal area

Court

11 Nov 2020

STYLO MEDICAL SERVICES LTD v HUM HOSPITALITY LTD [2020] NZHC 2969

Citation

[2020] NZHC 2969
Court

High Court

On interpretation of the Deed of Lease cl 47.1 fixed the annual rent at $120,000 plus GST from 1 December 2016 and 1 February 2017 was not a rent review date; Hum is in arrears of at least $150,000 and must pay $150,000 on account within one month or the lease is cancelled and possession must be given; if paid further affidavits will determine final quantum including interest at 14% and timetable for remaining payments.
28 Nov 2016

BRIAN GREEN PROPERTIES (1971) LIMITED v BINDON HOLDINGS LIMITED [2016] NZHC 2847 [28 November 2016]

Citation

[2016] NZHC 2847
Court

High Court

The Court found BGPL to be the predominantly successful party because although there was a technical breach of the repair covenant, the breach presented no immediate or material financial risk to Bindon given the Glasgow lease rent structure and the tenant's solvency; accordingly costs were awarded to BGPL on a 2B scale but discounted by 25% resulting in a total award of $18,680.93; costs of the aborted arbitrator appointment were to lie where they fell; the Court declined to vary the previously fixed security amount of $1,549,000.