19 Jun 2013
GREY DISTRICT COUNCIL v BANKS [2013] NZHC 1485
- Citation
- [2013] NZHC 1485
- Court
- High Court
Respondents failed to prove a misrepresentation or unlawful unilateral amendment; the 1979 lease did not evidence a lessee perpetual renewal right under the First Schedule and the 2006 signed lease is binding; given respondents voluntarily assented by assignment and later signing, relief under the Illegal Contracts Act is not justified; therefore the lease is valid and respondents are liable for arrears, but cancellation and possession are not made at this stage and are reserved if arrears remain unpaid.