New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Lease renewal rights

Legal area

Court

13 Jan 2015

EASTON v THE NEW ZEALAND GUARDIAN TRUST COMPANY [2015] NZHC 11

Citation

[2015] NZHC 11
Court

High Court

The Court granted a limited interim injunction because there was a serious issue to be tried, damages would not be an adequate remedy and the balance of convenience favoured preserving the status quo; relief was made conditional on the plaintiff paying full market rent and the defendant was permitted to seek further consideration on 48 hours' notice.
4 May 2011

EB GAWITH V KJ LAWSON AND RL LAWSON HC MAS CIV-2010-435-253

Citation

openlaw-fd704e2b_0e0a_4e23_b4b7_b27296fa9995.pdf
Court

High Court

The court stayed proceedings and referred the matter to arbitration because the arbitration clause in the lease was not shown to be null, inoperative or incapable of performance, the lease had not been validly cancelled (the notice failed to comply with s246(2)(d) and (e)), and the dispute therefore falls within the arbitration clause, obliging a stay under Article 8(1) of Schedule 1 of the Arbitration Act 1996.