New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Rent determination

Legal area

Court

31 May 2018

SALTBURN HOLDINGS LTD v PENROSE LEASEHOLD LTD [2018] NZHC 1246

Citation

[2018] NZHC 1246
Court

High Court

The term 'upset annual rent' in Schedule 2 of the Public Bodies Leases Act 1969 is to be read as synonymous with the fair annual rent determined under that schedule (ie a reserve figure determined by established valuation methods); applying that legal test, the arbitrator did not err in law and leave to appeal is refused due to low prospects of success and the binding arbitration regime.
3 Apr 2014

THE CORNWALL PARK TRUST BOARD INC v CHEN [2014] NZHC 665

Citation

[2014] NZHC 665
Court

High Court

The defendant had not fully complied with the ancillary disclosure order and the disclosures made did not dispel the risk of dissipation; accordingly the Court extended the freezing order for a limited period to permit full compliance and a one-hour return hearing to determine whether continuation beyond 16 April 2014 is justified.
7 Nov 2011

HOUSING NEW ZEALAND CORPORATION V DAVIS HC AK CIV-2011-404-3766

Citation

openlaw-93faa122_dfc7_4877_b58d_39b7ed65feee.pdf
Court

High Court

The High Court held the District Court judge exceeded jurisdiction by granting and extending a stay and directing the tenancy to continue without the receipt or written evidence required by s117(11) RTA; the Tenancy Tribunal had not erred in terminating the tenancy for rent arrears and the stay must be quashed so the Tribunal's orders remain in force.