New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Certainty of term

Legal area

Court

23 Sept 2020

MEREDITH v GLOBAL METAL SOLUTIONS LIMITED [2020] NZHC 2482

Citation

[2020] NZHC 2482
Court

High Court

Defendant failed to provide adequate, particularised evidence of a collateral agreement; contemporaneous correspondence undermined the alleged collateral agreement; even if proved, the alleged collateral agreement would be inconsistent with the De Havilland Drive lease's certain one‑year term; summary judgment for the Landlord ordering vacant possession was appropriate.
22 Dec 2009

LG CHILCOTT AND PC CHATFIELD V AS MCLACHLAN AND ORS HC AK CIV 2007-404-2796

Citation

openlaw-8fa9254c_cd20_4f6e_9572_6e85485d8735.pdf
Court

High Court

Clause 5 of the settlement deed is declaratory and did not alter the Lease; the transfer of the McLachlans' shares in MGL pursuant to the deed triggered clause 10.2(b) and terminated the Lease; the Lease was void for uncertainty as to term in respect of Land B and Land C (and the equitable lease for lots 1 and 2 is likewise void), resulting in those interests being at best tenancies determinable on one month's notice; rectification, mistake, estoppel, implied term and relief against forfeiture were not established and fail.