9 Jul 2009
GJ INGRAM & E BEVAN AND ANOR V PATCROFT PROPERTIES LTD AND ANOR HC AK CIV 2006-404-4171
- Citation
- openlaw-656d9be3_9580_4132_bcbf_3a492348b29f.pdf
- Court
- High Court
The lessor's re-entry on 14 June 2005 was unlawful because it preceded the 14-day arrears period in the lease; any purported distraint was invalid once re-entry occurred; set-off was barred by lease terms and prior arbitral/Court rulings; plaintiffs were not obliged in the circumstances to seek immediate relief against forfeiture; company losses were treated as losses of the first plaintiffs on Esso/assignment principles; accordingly plaintiffs recover assessed business-damage sums (first plaintiffs NZD136,597.55; second plaintiff NZD162,935.04) and the lessor succeeds on its counterclaim in…
- Re-entry
- Distress/distraint
- Relief against forfeiture (s119)
- Set-off
- Waiver
- Mitigation of loss