New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Distraint (distress)

Legal area

Court

10 May 2011

GRAEME JOHN INGRAM AND ELIZABETH KNEE V PATCROFT PROPERTIES LIMITED SC SC 72/2010

Citation

GRAEME JOHN INGRAM AND ELIZABETH KNEE V PATCROFT PROPERTIES LIMITED SC SC 72/2010
Court

Supreme Court

Because Patcroft unlawfully re-entered on 14 June and persisted in a repudiatory stance, that unretracted repudiation precluded Patcroft from relying on the lessees' subsequent non-payment on 15 June to validly cancel the lease; the lessees were justified in withholding payment and were entitled to pursue damages, so the High Court orders in their favour were restored.
26 Apr 2007

HARD TO FIND BUT WORTH THE EFFORT QUALITY SECOND HAND BOOKS (WELLINGTON) LIMITED (IN LIQUIDATION) V YONG QUAN HE, JUN YOU HE & JUAN NA HE HC WN CIV 2006-485-2078

Citation

openlaw-df133397_c7f8_4a52_9b56_8ca586208f2c.pdf
Court

High Court

Where a landlord levied distraint for unpaid rent and thereby elected that remedy but failed to complete lawful distress and account for the goods, the landlord was precluded from terminating/forfeiting the lease for the same rent until distress was completed; because the respondents distrained and did not comply with statutory requirements, they were bound by that election and could not terminate for the 1 February 2005 rent, so their counterclaim was set aside and the appellant was entitled to damages for conversion and full costs under s21 of the Distress and Replevin Act 1908.