2 Dec 2015
AAA STORAGE LTD v ONEHUNGA PRIMESITE LTD [2015] NZHC 3028
- Citation
- [2015] NZHC 3028
- Court
- High Court
Landlord improperly handled and/or misrepresented accounting credits and, after the tenant paid the sums that exceeded the actual contractual arrears, the landlord nonetheless refused an unconditional undertaking and pursued terms amounting to coercion; consequently the tenant was entitled to increased costs under r14.6 and the landlord was not entitled to solicitor/client costs under the lease except modestly for the small amount actually overdue when the notice issued, so an award of $10,000 plus reasonable disbursements in favour of the tenant was appropriate.