New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Tenancy at will

Legal area

Court

1 Dec 2021

ENVIRO WASTE SERVICES LTD v REMEDIATION (NZ) LTD [2021] NZHC 3270

Citation

[2021] NZHC 3270
Court

High Court

ESL, as the registered lessee under a valid lease from the Tauranga City Council effective 1 March 2021, had a better right to possession than Revital, which remained on site only with ESL's consent and at best held a tenancy at will or revocable licence; no lease existed between ESL and Revital so s251 did not apply to their relationship, but ESL validly determined the occupation and gave required notice (including 20 working days where appropriate); the originating application procedure was appropriate given the narrow issues; consolidation and stay were refused; notices for cross-examinati…
10 Nov 2008

OTTO V WHITE HC AK CIV 2008-404-001663

Citation

openlaw-abfdbbb8_5faa_44b7_8152_76816f5ce99a.pdf
Court

High Court

The caveat as originally lodged was defective under s137 because it did not accurately derive the claimed interest from the registered proprietor; however the applicant demonstrated a reasonably arguable case for rectification of the written lease (corroborated in part and explained by applicant vulnerability and solicitor conduct) and there is no real prejudice to the respondent, so the Court exercises its discretion under s148 to grant leave to lodge a second caveat describing the rectification/lease claim.