New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Guarantee of lease

Legal area

Court

15 Jul 2021

MIDLAND PROPERTIES (NZ) LIMITED v [A] [2021] NZHC 1791

Citation

[2021] NZHC 1791
Court

High Court

Leave to bring a summary judgment application is granted because the delay was satisfactorily explained, the merits are sufficiently arguable for summary resolution and there is no substantial risk of miscarriage; contested factual issues (mitigation, execution of amended lease terms) can be properly addressed at a summary judgment hearing with documentary and oral testing.
24 Oct 2012

154 LIMITED (RECEIVER OF INCOME APPOINTED AND IN LIQUIDATION) V RJ BAGLEY HC WN CIV-2012-485-1748

Citation

openlaw-04d0ea99_14c4_4a67_a881_1e4bac1509a4.pdf
Court

High Court

Because the first defendant made no appearance and filed no notice of opposition or statement of defence, and the plaintiff established the debt and quantum by affidavit and supporting materials, summary judgment was granted against the first defendant for the claimed principal, accrued interest, further interest and contractual costs; because the second defendant filed an affidavit opposing summary judgment, the application against her was set down for a contested hearing.