New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Lease assignment consent

Legal area

Court

30 May 2013

D M ROBERTS LIMITED V MARK SHANE MUDGWAY AND LEE ANNE MUDGWAY CA454/2012 [2013] NZCA 187

Citation

[2013] NZCA 187
Court

Court of Appeal

The Court held the lessor's proposed absolute prohibition and the terms of the proposed fifth schedule imposed obligations and restrictions beyond those in the lease and resource consent and were therefore unreasonable; the Associate Judge correctly applied the summary judgment/no arguable defence test to both the summary judgment and the art 8 stay application; the application for further evidence was irrelevant and was dismissed; the appeal was dismissed and costs awarded to respondents with uplift.
19 Dec 2007

TAYLOR MARINE LIMITED V TAYLOR MARINE BROKERS (2005) LIMITED AND ORS HC AK CIV 2005-404-006115

Citation

openlaw-9bbc82e9_0ec3_4d5a_83b3_3d362d8be951.pdf
Court

High Court

Costs were awarded to the first and second defendants and the third defendant. The court found the priority fixture application was reasonably required and its costs recoverable; the plaintiff was entitled to modest costs on the counterclaim which were set off against the plaintiff's liability; the plaintiff had pursued an argument against the third defendant contrary to settled authority (Treloar v Bigge line) and unreasonably failed to accept the legal position, justifying increased (but not indemnity) costs for the third defendant (50% uplift). The quantified awards were ordered accordingl…