4 Oct 2013
WILFRED & ORS V GAN & ANOR CA184/2013 [2013] NZCA 457
- Citation
- [2013] NZCA 457
- Court
- Court of Appeal
The Court held leave to adduce limited further evidence was granted but, applying a robust interlocutory standard, concluded the appellants' prospects of obtaining the substantive relief were weak: no effective s 269(5) application was made or signalled and vesting was unlikely, ss 258–260 did not assist because there had been no cancellation and the appellants had not established reliable subleases; the appellants' lease proposal was deficient (no arrears, reduced rent, conditions shifting maintenance to landlord, uncertain ability to meet damages); balance of convenience and overall justice…