New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Possession and re-entry

Legal area

Court

22 Feb 2021

PRESTIGE MOTORS LTD v MY TRUSTEE CO LIMITED [2021] NZHC 237

Citation

[2021] NZHC 237
Court

High Court

The s245 notice was non-compliant in multiple respects (failed to specify lease clauses or statutory basis, lacked supporting invoices, gave an eight working day remedy period instead of required 30, and failed to advise of s253 rights), creating a reasonable possibility the applicant will succeed on the merits; the applicant faced harm not adequately reparable by damages (loss of business, staff, customers, proprietary rights) and that harm outweighed prejudice to the landlord which retained contractual protections; accordingly interim measures restoring the status quo and re-entry were gran…
14 Mar 2014

THE THREE SISTERS VINEYARD LIMITED v TRUSTEES OF THE STOREY FAMILY TRUST [2014] NZHC 471

Citation

(2014) 15 NZCPR 1
Court

High Court

Although the trustees had enhanced the property and might suffer disproportionate loss from cancellation, their admitted failure to settle, persistent non‑compliance and demonstrated inability to meet conditional terms (impecuniosity and lack of funds to settle) meant that relief under s33 would be unfair; therefore cancellation was upheld, possession ordered and trustees restrained from harvesting or dealing with grapes.