New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Ground lease

Legal area

Court

7 Apr 2022

BODY CORPORATE 201036 v WHAI RAWA RAILWAY LANDS LP [2022] NZHC 700

Citation

[2022] NZHC 700
Court

High Court

The defendant's interlocutory applications were dismissed because the jurisdictional question whether s78 RTA (as applied by s176 UTA) permits variation of base-land ground lease rent clauses is not free from doubt and requires full substantive determination; the contested factual and expert evidence on whether the rental formula is harsh or unconscionable and issues as to arm's-length bargaining require discovery and a full hearing, so strike out and summary judgment were inappropriate.
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.