20 May 2016
HUBBARD AND HAYNES v KIWIRAIL LIMITED [2016] NZHC 1061
- Citation
- [2016] NZHC 1061
- Court
- High Court
Application dismissed. The Court held that the central issue was whether the rent assessed complied with the lease's rent review standard; the applicants failed to establish derogation of grant or to displace the rent review process and had not invoked arbitration. Lessees were given one calendar month to pay arrears at the new rate or formally dispute the rent and submit to arbitration; failure permits Kiwirail to cancel the lease. Costs awarded to Kiwirail on a 2B basis.