12 Nov 2020
SHELF COMPANY NO. 5 LTD v FREMA PROPERTIES LTD [2020] NZHC 3001
- Citation
- [2020] NZHC 3001
- Court
- High Court
Leave was refused because Shelf admitted vacating the premises, Frema accepted the abandonment (engaging an agent and selling with vacant possession) which supports a finding of surrender and a contrary intention under s 233, and the proposed appeal did not raise a bona fide and serious question of sufficient importance given the delay, costs, the respondent's age and the modest quantum at issue (~NZD 118,000), so further appeal was unjustified.