New Zealand Case Law: Decisions & Judgments

Topic

Outgoings

Legal area

Court

7 Dec 2023

SEAGLASS HOLDINGS LTD v GIACON [2023] NZHC 3552

Citation

[2023] NZHC 3552
Court

High Court

Seaglass' claim for any rent and outgoings that fell due prior to 11 May 2016 was statute-barred under Limitation Act 2010 s11 because there was no sufficient written acknowledgement or part-payment to restart the limitation period under s47; the updated calculations of post- limitation-period arrears were reliable but did not rescue the time-barred elements; on the substantive defences the Court found (1) the alleged waiver of outgoings 11 Aug 2011–12 Jan 2015 amounted at most to a deferral though part performance would have saved a written variation if needed; (2) there was a contra arrange…
2 Mar 2022

ROAD RUNNER 2012 LIMITED v MEMELINK [2022] NZHC 346

Citation

[2022] NZHC 346
Court

High Court

The High Court held the District Court judgment was final on the respondents' claim (including outgoings); the invitation at [37] of the District Court judgment to reframe and relitigate outgoings was inconsistent with the final judgment and would breach the rule in Henderson v Henderson; there was no valid split trial order under rr 10.12 or 10.21 and the respondents cannot pursue further proceedings on outgoings in the District Court proceeding as decided.
2 Jul 2018

SEAVIEW HP LTD v NZ TUBE MILLS LTD [2018] NZHC 1611

Citation

[2018] NZHC 1611
Court

High Court

The arbitrator's factual finding that Seaview did not supply electricity to NZTM as its retailer was dispositive and is a factual determination not subject to appeal under the Arbitration Act; therefore Seaview could not lawfully add an uplift and the appeal is dismissed.
27 Apr 2016

Stylo Medical Services Limited v Hum Hospitality Limited [2016] NZHC 804

Citation

[2016] NZHC 804
Court

High Court

The tenant admitted breaches of rent and outgoing covenants but had remedied them by paying arrears (including interest) prior to the hearing; under the Property Law Act read with established precedent the Court must normally grant relief against forfeiture where arrears are paid and no exceptional circumstances (such as insolvency) exist; therefore cancellation and possession were refused and relief against forfeiture granted.
14 Jul 2015

INTAGR8 LIMITED AND INTAGR8 SECURITY LIMITED v EZEL LIMITED [2015] NZHC 1631

Citation

[2015] NZHC 1631
Court

High Court

The statutory demands were not set aside because the leases obligated the applicants to pay proportionate outgoings including electricity, the applicants' claims of an agreement absolving them were raised late and unsupported by contemporaneous evidence, the $22,500 Meridian settlement was properly incurred and recoverable, and the asserted $1,000 setoff lacked probative evidence.
18 Jul 2013

TERMINUS RESTAURANT AND BAR LIMITED v CAPLES COURT MOTEL 2007 LIMITED [2013] NZHC 1812

Citation

[2013] NZHC 1812
Court

High Court

The statutory conditions for cancellation under ss 245/246 were met (rent and outgoings in arrears, adequate notice served and not remedied) and the court, exercising its s 251 powers, cancelled the lease, granted possession to the lessor and ordered the lessee to pay unpaid rent, outgoings, default interest and the applicant's legal costs on a solicitor/client basis.
17 May 2012

MAYDANOZ NZ LTD V POPPELWELL TRADING AS THE POPPELWELL PARTNERSHIP HC AK CIV-2011-404-8144

Citation

openlaw-4eefd3b0_6fe1_49e3_854c_86d067eaf304.pdf
Court

High Court

The Court held the first default notice was invalid because the lease conferred on the tenant the right to carry on the agreed business and the landlord bore responsibility to arrange and supply insurance‑compatible fire fighting equipment; the tenant was only liable for maintaining such equipment. The second default notice was valid because the outgoings charged were properly and reasonably incurred under the lease and the tenant had contractual obligation to pay reasonable increases; accordingly relief against forfeiture was available but granted conditionally to protect proportionality and…
20 Mar 2012

DILWORTH TRUST BOARD V JACK'S VENTURES LIMITED HC AK CIV-2011-404-3312

Citation

openlaw-e5b82d44_7611_459b_b205_76bb0ec2192d.pdf
Court

High Court

The express terms of the deed of lease (clauses excluding warranty of suitability, occupation at lessee's risk, and limiting quiet enjoyment to actions by the lessor or those claiming under the lessor), together with the guarantee and assignment provisions, establish that the landlord bore no liability for interruption caused by unrelated third party motorway works and that guarantors remained liable after assignment; the defendants produced no reliable evidence to contradict liability, therefore summary judgment on liability was appropriate.
6 Sept 2011

NEW LYNN COMPLIANCE CENTRE LIMITED V BIRDWOOD CUSTODIANS LIMITED HC AK CIV-2011-404-1551

Citation

openlaw-19bb6757_d17f_4491_8528_79513e2ee1ca.pdf
Court

High Court

The High Court held the lease required the tenant to pay 100% of the outgoings under clause 3.1 and the First Schedule; clause 26.1(a) is to be read as conferring a tenant-centred right to treat premises as terminated if untenantable, whereas a landlord wishing to terminate must follow clause 26.1(b) and give one month's notice (here given 20 November 2008), so the tenant was entitled to seven days thereafter to remove chattels under clause 32.1; Birdwood's denial of access from 17 December 2008 until March 2009 was technically a conversion but New Lynn Compliance failed to prove quantifiable…
4 May 2010

O'HANLONS ENTERPRISES LIMITED V EASTBAY & GLEN INNES MEDICAL CENTRE LIMITED AND ANOR HC AK CIV-2009-404-8112

Citation

openlaw-dc6db6f1_7052_42ae_aaa3_c9cde44f8109.pdf
Court

High Court

Clause 3.8(b) of the Annexure, read with the First Schedule definition of 'Premises', requires the tenant to 'paint all the building' which the Court construed as the whole of the landlord's building at the specified address; the District Court erred in holding the obligation limited to the tenant's occupied portion.