New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Lease surrender

Legal area

Court

10 Aug 2020

FREMA PROPERTIES LTD v SHELF COMPANY NO. 5 LTD [2020] NZHC 1994

Citation

[2020] NZHC 1994
Court

High Court

The Court held the lease had been surrendered by operation of law through tenant abandonment and Frema's acceptance (including marketing and sale with vacant possession), so no reversion existed at sale; alternatively, the sale with vacant possession evidenced a contrary intention under s 233(2) such that s 233(1) did not displace Frema's right to recover antecedent rent, and therefore the appeal was allowed.
8 Jun 2017

GREEN ROAD CATTLE COMPANY LTD v SOUTHHEAD HOLDINGS LTD [2017] NZHC 1239 [8 June 2017]

Citation

[2017] NZHC 1239
Court

High Court

The lease was properly interpreted as an initial term ending 31 May 2019 in two tranches; the March 2017 correspondence did not amount to a valid surrender; Green Road demonstrated a strong prima facie entitlement to possession and non-compensable interests so an interim measure maintaining the status quo under art 17A was justified; because the dispute falls within the lease arbitration clause the proceeding must be stayed and referred to arbitration under art 8 of sch 1 of the Arbitration Act 1996.