19 Aug 2021
PAROS PROPERTY TRUST LIMITED v SMITH [2021] NZHC 2163
- Citation
- (2021) 22 NZCPR 422
- Court
- High Court
Clause 23 is to be construed so that the lessor is responsible for 'causing a valuation to be made'; the lessees' 26 April 2018 notice was not validly given and there was no binding agreement with the property manager to vary the process; the lessor did not repudiate the lease and cancellation by defendants was unjustified; rent review under the Public Bodies Leases Act produced a new annual rent ($81,375) and arrears amounting to $237,625; Ms Shaw remains liable to the landlord but is entitled to indemnity from Mr Smith under the Deed of Delegation and Indemnity from 20 August 2017.
- Lease interpretation
- Right to freehold/option to purchase
- Rent review
- Repudiation and cancellation of lease
- Indemnity between co-lessees
- Agency and authority of property manager