New Zealand Case Law: Decisions & Judgments

Topic

Quiet enjoyment

Legal area

Court

3 May 2022

REYES v GALLAGHER FAMILY INVESTMENTS LTD & ORS [2022] NZHC 896

Citation

[2022] NZHC 896
Court

High Court

The Court held that the r15.23 presumption was displaced in respect of the first cause of action only because the third defendants vacated AU25 before filing their statement of defence, effectively conceding the plaintiffs' position on that discrete claim, but the presumption remained for the second and third causes of action where the merits were contested and not so obvious as to justify displacement; accordingly costs for the second and third causes are awarded to the third defendants and costs for the first cause lie where they fall.
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…
26 Jun 2020

NOBLE v SIMONS [2020] NZCA 259

Citation

[2020] NZCA 259
Court

Court of Appeal

Leave to appeal was declined because the issues raised were essentially factual (the appropriateness of damages and the validity of the termination notice), the statutory test for exemplary damages in s 109(3) was applied and did not require an additional 'flagrant' gloss, the initial notice was invalid on its face so the proposed legal questions were not seriously arguable, the High Court had already considered the arguments and there was no matter of public importance or other reason to justify a second appeal.
10 Dec 2019

NOBLE v SIMONS [2019] NZHC 3242

Citation

[2019] NZHC 3242
Court

High Court

Both proposed questions fail the s 120(2) threshold: the first assumes factual findings inconsistent with prior findings that the original notice was defective and therefore is not a seriously arguable question of law; the second is resolved by s 109 which requires intentional commission of an unlawful act and does not add a separate legal requirement of 'flagrant' conduct, and the Tribunal made adequate factual findings supporting the exemplary damages award; therefore leave to appeal is declined.
5 Nov 2019

Whakatihi v Rent Assured Rotorua Limited [2019] NZHC 2873

Citation

[2019] NZHC 2873
Court

High Court

The Tribunal and District Court had sufficient admissible material and evidence to conclude the 90-day notice was issued as a last resort to end an escalating neighbour dispute and was not motivated wholly or partly by retaliation; the High Court will not substitute its view of contested facts absent the high threshold for elevating factual error to an error of law, so the appeal is dismissed.
12 Jun 2019

WARD v LOCHORE [2019] NZHC 1314

Citation

[2019] NZHC 1314
Court

High Court

All causes of action against the defendant were untenable: the pleaded lease and statutory rights were held by other parties (Galbraith or Altranz) not the defendant personally, criminal allegations do not create civil causes of action, and 'general damage' is not a standalone cause of action; accordingly the statement of claim was properly struck out under r 15.1.
12 Feb 2019

OUTDOOR ACTION & ADVENTURE LIMITED v THE NEW ZEALAND TRANSPORT AGENCY [2019] NZHC 123

Citation

[2019] NZHC 123
Court

High Court

There was a serious question to be tried that proposed NZTA roadworks on Crown‑vested roads adjacent to the leased premises could breach the covenant of quiet enjoyment, but interim injunctive relief was refused because the balance of convenience favoured allowing the works (timing and public interest), damages were an adequate remedy given the short remaining lease term, and injunctive relief against the Crown is constrained by s17 Crown Proceedings Act with the additional complication that injuncting NZTA would effectively injunct the Crown.
24 Dec 2018

OUTDOOR ACTION & ADVENTURE LTD v THE NEW ZEALAND TRANSPORT AGENCY & MINISTER OF LAND INFORMATION [2018] NZHC 3464

Citation

[2018] NZHC 3464
Court

High Court

The Court refused interim relief to restrain the proposed roadworks because, on the material before it, interim restraint was not justified in the context of the arbitration agreement and the undertakings given; the demolition aspect was deferred by the defendants' undertaking until 7 April 2019 and therefore did not require immediate injunctive relief.
16 Nov 2018

HUM HOSPITALITY LTD v STYLO MEDICAL SERVICES LTD [2018] NZHC 2971

Citation

[2018] NZHC 2971
Court

High Court

The Court exercised its discretion to order joinder because, although joinder would delay the trial, there was no unreasonable delay by the plaintiff in applying and the interests of justice required all parties responsible for the repiling/releveling and associated representations to be before the Court to avoid multiplicity and inconsistent outcomes; the plaintiff's causes of action were tenable and potential prejudice from delay did not outweigh the need to determine all related issues in one proceeding.
21 Dec 2017

JNJ HOLDINGS LIMITED v KENT SING TRADING COMPANY LIMITED & ORS [2017] NZHC 3274

Citation

[2017] NZHC 3274
Court

High Court

Landlord validly served s245 notice and lawfully cancelled and re-entered; tenant failed to prove landlord breaches were sufficiently substantial or persistent to justify termination; contractual exclusion clause barred claims for stock damage absent prior written notice; default contractual high compound interest was penal in part and reduced to statutory rate (5% compounded quarterly); judgment for landlord for NZD 215,048.42 with interest to continue at 5% compounded quarterly until satisfaction.