23 Nov 2023
Relief against forfeiture was granted conditional on the respondent paying $26,735.10 in clear funds by 5.00 pm on 4 December 2023; failure to pay permits the applicant to renew its cancellation application and the court accepted the landlord had incurred reasonable costs in pursuing the unpaid rent.
26 May 2015
The appellants failed to provide a satisfactory explanation for the failure to file a defence or adequate admissible evidence of payment to establish an arguable defence; consequently the default judgment should largely remain in place, except that the defence point that Mrs Grindlay was not a signatory to the lease was at least arguable and warranted setting aside the judgment against her; the District Court's conditional regime was appropriate but the compliance period was shortened to 14 days.
26 Aug 2014
Proceedings were consolidated because the rights to relief arose out of the same deed of lease; earlier judgments granted conditional relief from cancellation pending a court‑appointed expert report on the tenant's works and made clear that continued non‑payment of rent may justify cancellation; accordingly the Court ordered consolidation and a case management conference to address the expert report and whether cancellation for non‑payment should proceed, with costs reserved.
11 May 2007
Relief against forfeiture granted because arrears were brought up to date, insolvency alone is not a sufficient ground to refuse relief, the court was not satisfied future rent would certainly default and there was a realistic short‑term prospect that rent would be paid supported by shareholder/family funds.