New Zealand Case Law: Decisions & Judgments

Topic

Forfeiture and cancellation

Legal area

Court

25 Aug 2016

BRIAN GREEN PROPERTIES (1971) LIMITED v BINDON HOLDINGS LIMITED [2016] NZHC 1993

Citation

(2016) 17 NZCPR 637
Court

High Court

The lease executed 27 April 2009 created a new lease commencing 1 October 2008; clause 11 of the lease excluded the operation of s 223 PLA so the lessee's repair covenant is governed by the express covenant and ordinary principles of construction; many defects identified fall within the lessee's repair obligations; Bindon's s 246 notices were valid; nevertheless, because BGPL is solvent, continued payment of rent and there is no irreparable loss to Bindon, the Court exercised its discretion under s 253 PLA to grant relief against cancellation on conditions: BGPL must remedy the covenant withi…
28 Aug 2015

NEW ZEALAND MINT LIMITED v GREYS AVENUE INVESTMENT LIMITED [2015] NZHC 2051

Citation

[2015] NZHC 2051
Court

High Court

Clause 20.1 did not apply to the reception alterations because the lease's definition of 'premises' and the lease language treated the landlord's fixtures and fittings as distinct from the demised premises; accordingly there was no entitlement to cancel the lease on that basis. Alternatively, even if clause 20.1 were engaged, termination would be a disproportionate response to the minor, remediable works and relief under s253 is granted. The respondent's conduct in issuing the Property Law Act notice was unreasonable and costs are awarded to the applicant on a 2B basis without uplift.
19 Jun 2013

GREY DISTRICT COUNCIL v BANKS [2013] NZHC 1485

Citation

[2013] NZHC 1485
Court

High Court

Respondents failed to prove a misrepresentation or unlawful unilateral amendment; the 1979 lease did not evidence a lessee perpetual renewal right under the First Schedule and the 2006 signed lease is binding; given respondents voluntarily assented by assignment and later signing, relief under the Illegal Contracts Act is not justified; therefore the lease is valid and respondents are liable for arrears, but cancellation and possession are not made at this stage and are reserved if arrears remain unpaid.

New Zealand Case Law

BRIAN GREEN PROPERTIES (1971) LIMITED v BINDON HOLDINGS LIMITED [2016] NZHC 1993

NEW ZEALAND MINT LIMITED v GREYS AVENUE INVESTMENT LIMITED [2015] NZHC 2051

GREY DISTRICT COUNCIL v BANKS [2013] NZHC 1485