New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sub‑lease

Legal area

Court

11 Sept 2009

RECON ELECTRICAL SERVICES LIMITED AND ANOR V PARADE HYDRAULIC AND ENGINEERING LIMITED HC WN CIV-2009-485-1053

Citation

openlaw-ff72c42e_bd1a_4bca_a0c9_1128f9ca2468.pdf
Court

High Court

Appeal allowed because the documentary record was ambiguous on the critical issue of whether the parties agreed a fixed two year sub-lease term; that ambiguity meant there was an arguable defence requiring oral evidence, cross-examination and credibility findings, so summary judgment was inappropriate; enforceability of any guarantee depends on establishing the agreed term and any writing satisfying the Contracts Enforcement Act 1956.
29 Mar 2007

MACFARLANES ESPRESSO LTD V SHAW FOOD LIMITED HC NWP CIV 2006-443-000237

Citation

openlaw-a905298f_23c1_47dc_ada7_529ff1b8cb6f.pdf
Court

High Court

On the balance of probabilities there was no agreement on 10 October 2005 to extend the sub‑lease and, even if there had been, Shaw Food did not acknowledge such an agreement; Fresha did not renew the head lease and Shaw entered a new lease, the plaintiff was at best a periodic tenant under s105 Property Law Act 1952, and therefore there was no basis for specific performance or continued occupation by plaintiff.