New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Misleading or deceptive conduct / fair trading act
  • 14 Oct 2015

    ZHONG MAO INVESTMENT MANAGEMENT LIMITED v OAK TREE MOTEL LIMITED & ANOR [2015] NZHC 2525

    Citation
    [2015] NZHC 2525
    Court
    High Court

    Relief against cancellation was denied because OTM was insolvent and there was no high degree of certainty that the rent arrears and costs would be paid (no credible evidence of funds or bank support and no realistic, agreed assignment/ sale); accordingly the court granted cancellation and possession and ordered payment of assessed arrears with interest.

    • Forfeiture of lease
    • Relief against cancellation (s251 pla 2007)
    • Rent arrears
    • Insurance and repair obligations under lease
    • Assignment of lease
    • Misleading or deceptive conduct / fair trading act