New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Lease forfeiture/cancellation

Legal area

Court

15 Mar 2018

AUCKLAND INTERNATIONAL AIRPORT LTD v SPAZIO CASA PROPERTY LTD [2018] NZHC 440 [15 March 2018]

Citation

[2018] NZHC 440
Court

High Court

Cozzolino was liable under his personal guarantees for the proven arrears and losses flowing from Spazio's breaches; AIAL validly cancelled the Landing Drive lease after proper PLA notice; AIAL is entitled to lost rent measured as the position it would have been in but for the default (including the capped rent review uplift and the standard rental holiday given to the new tenant); most outgoings claims failed for lack of particularised evidence except specified rates items; removal and make-good costs were recoverable; AIAL entitled to contractual interest at 11% and solicitor-client costs a…
3 Jun 2015

STRONG v HURUNUI HOTEL (2004) LIMITED [2015] NZHC 1216

Citation

(2015) 16 NZCPR 375
Court

High Court

Respondent was in deliberate breach of clause 6.3(a) of the lease by failing to complete the full interior and exterior redecoration due by 23 September 2012; applicants served a valid s 246 notice; balancing statutory discretionary factors under s 253 PLA, the Court granted relief against cancellation conditionally because the breach could be promptly remedied and cancellation would disproportionately harm a conditional purchaser and the respondent, provided the respondent paid $50,000 security within 20 working days, completed redecoration within 50 working days and continued paying rent an…