New Zealand Case Law: Decisions & Judgments

Topic

Lease v licence

Legal area

Court

8 Oct 2009

LAI YU CHAN AND LAI MAN FAN V WARREN SIU AND MINNA HO HC AK CIV 2008-404-008418

Citation

openlaw-b4fb0572_83e7_4dd1_bfad_fa9401845882.pdf
Court

High Court

Summary judgment was dismissed because plaintiffs failed to demonstrate no defence: there were real and arguable questions whether the 2005/2007 agreements conferred a lease or agreement to lease, whether the rent‑free entitlement was triggered only on actual completion (potentially delayed to 9 May 2008) and whether estoppel applied; these disputes precluded summary disposal.
2 Apr 2007

W J GOSTON V DESIGNER SPACE AND STORAGE (2006) LTD AND ANOR HC AK CIV 2007-404-103

Citation

openlaw-f9bab1e2_67d9_4e80_bc18_86824d4595ca.pdf
Court

High Court

The occupier's arrangement was a licence not a lease because exclusive possession was absent and access was limited; a licence was not assigned on sale of the storage assets so it terminated on transfer and the purchaser as owner was entitled to give notice to remove the property; equities did not favor the appellant, so injunctive relief was refused and the appeal dismissed.
15 Mar 2007

WELLESLEY CLUB INCORPORATED V WELLESLEY PROPERTY HOLDINGS LIMITED HC WN CIV-2006-485-2688

Citation

openlaw-11354ede_fc9f_4226_976d_60cec25022f2.pdf
Court

High Court

The Court held that Wellesley Club established a reasonably arguable equitable interest in the property via equitable estoppel rooted in the Sale and Share Purchase Agreements and related representations; the caveat description was sufficient; the Court would not exercise its residual discretion to remove the caveat because removal would likely prejudice the Club and there was no undue prejudice to others. Accordingly the caveat 6797614.1 shall not lapse, subject to a condition to commence specific performance proceedings by 15 April 2007 and pursue them with reasonable diligence.

New Zealand Case Law

LAI YU CHAN AND LAI MAN FAN V WARREN SIU AND MINNA HO HC AK CIV 2008-404-008418

W J GOSTON V DESIGNER SPACE AND STORAGE (2006) LTD AND ANOR HC AK CIV 2007-404-103

WELLESLEY CLUB INCORPORATED V WELLESLEY PROPERTY HOLDINGS LIMITED HC WN CIV-2006-485-2688