New Zealand Case Law: Decisions & Judgments

Topic

Assignment of lease

Legal area

Court

20 Jun 2022

REID v ESTREICH [2022] NZHC 1433

Citation

[2022] NZHC 1433
Court

High Court

The defendant unreasonably withheld written consent to the assignment in breach of ss226–227 because his stated reasons lacked evidential merit and he failed to provide written consent within a reasonable time; accordingly a declaration was granted and, on causation assessed by a but‑for test, the assignees proved loss from increased mortgage interest directly attributable to the delay and were awarded $5,920 under s228; costs awarded to the plaintiffs on a category 2B basis.
14 Mar 2022

KUOCH v GANDA [2022] NZHC 452

Citation

[2022] NZHC 452
Court

High Court

Because the tenant's failure to give renewal notice was inadvertent, the tenant acted promptly to seek renewal, there was no evidence of tenant misconduct, and the lessor suffered no substantive prejudice (IGC issues either not attributable to tenant pre-assignment, subject to lease provisions or already credited), the Court exercised its wide remedial discretion under s264 to order renewal of the existing lease; the Court will not vary contractual terms or impose IGC payment as a condition absent a determination of liability under the lease.
30 Nov 2020

DOWNER v SIGNATURE DEVELOPMENTS LIMITED (Costs Judgment] [2020] NZHC 3157

Citation

[2020] NZHC 3157
Court

High Court

Signature breached clause 26 by consenting to the assignment without obtaining purchaser approval; the identity of the named tenant (KiNZ) was an essential term; assignment to Pukekohe Educare substantially reduced the benefit of the ASP such that purchaser was entitled to cancel under s 37(2) CCL Act and recover the $466,000 deposit; defendant took positions lacking merit and failed to accept clear legal arguments, justifying a 30% uplift on scale costs under r 14.6.
30 Sept 2019

COLLEGE PROPERTY HOLDINGS NZ LIMITED v WHITTLE [2019] NZHC 2475

Citation

[2019] NZHC 2475
Court

High Court

All parties had been served and the family failed to comply with the directions to propose how arrears would be paid and who would take assignment of the lease; absent acceptable proposals, the court confirmed cancellation of the lease and granted possession to the applicant under ss 244 and 251 of the Property Law Act 2007; no costs were ordered.
14 Aug 2019

COLLEGE PROPERTY HOLDINGS NZ LTD PARTNERSHIP v WHITTLE [2019] NZHC 1968

Citation

[2019] NZHC 1968
Court

High Court

Because there were established, serious and ongoing breaches of the lease by non-payment of rent and rates, and because adequate notice had been given or there were reasonable grounds to dispense with further service, the Court cancelled the lease and granted possession to the applicant under ss 244 and 251 PLA but suspended the orders to 1 October 2019 to allow interested family members a defined opportunity to apply for variation on specified conditions.
30 Jul 2019

CELTIC SOUTH LTD v ARROWSTONE CONTRACT CELLARING LTD [2019] NZHC 1821 .

Citation

[2019] NZHC 1821
Court

High Court

Wine Storage Solutions (2013) Ltd is joined as third respondent and the Court will grant relief against cancellation on the parties' agreed conditions under s256 Property Law Act 2007, but will not make orders that purport to bind future assignees, subtenants or other non‑parties; orders are made in terms of para 4 of the consent application dated 16 July 2019 subject to specified deletions.
29 Mar 2019

COMMERCIAL FACTORS LTD AND COMMERCIAL FINANCE AND SECURITIES LTD v DALTON AND KEMP AS LIQUIDATORS OF BRITISH PUB SUPPLIES LIMITED (IN LIQ) & ANOR [2019] NZCA 78 [29 March 2019]

Citation

[2019] NZCA 78
Court

Court of Appeal

The payments made by Bar Red Ltd were consideration for the purchase of BPSL's Spitting Feathers Bar business assets and not payment for the assignment of ECSL's leasehold interest; therefore those payments were not subject to Commercial Factors' GSA over ECSL's assets and the liquidators were entitled to retain the funds and deduct reasonable fees, so the appeal was dismissed.
8 Mar 2019

WALBROOK HOLDINGS LIMITED v DONOHUE and [2019] NZHC 391

Citation

[2019] NZHC 391
Court

High Court

The Court held that the arbitrator's costs award was final and payable and, absent an application to set aside the award, the District Court erred in not entering summary judgment for $25,019.55; the appeal is allowed to that extent and judgment for that sum (plus interest from the award date) is entered.
10 Sept 2018

TURRALL v JACKSON [2018] NZHC 2370

Citation

(2018) 20 NZCPR 1
Court

High Court

The Court granted summary judgment against the former lessees (Jackson, Letica, Fox and Fox) for outstanding rent $662,729.86, insurance premiums $52,151.05 and interest to 3 February 2016 $241,751.85 and awarded contractual default interest at 20% p.a. from 4 February 2016 to date, holding that (a) the deeds of covenant imposed continuing liability subject to limitation, (b) Property Law Act s233 did not bar the Trust because the lease had been cancelled before sale so no reversion expectant existed for a purchaser to step into, (c) mitigation and Fair Trading Act defences did not raise an a…
31 Aug 2018

BISHOP WARDEN LIMITED v XHELAL JASHARI [2018] NZHC 2287

Citation

[2018] NZHC 2287
Court

High Court

Defendants signed clear and witnessed guarantor documents and cannot credibly deny intent to guarantee; any claim for unreasonable withholding of consent accrues to the lessee and hence to its liquidator so lacks mutuality for set-off by the guarantors; defendants failed to provide contemporaneous evidence they took reasonable steps to secure landlord consent or that consent was unreasonably withheld; the lessor had legitimate commercial reasons (redevelopment prospects and lessee default permitting withholding under clause 4.01(b)); therefore there was no arguable defence and summary judgmen…