30 Apr 2019
SALTBURN HOLDINGS LIMITED v PENROSE LEASEHOLD LIMITED [2019] NZCA 127
- Citation
- [2019] NZCA 127
- Court
- Court of Appeal
The Court refused special leave because Saltburn's proposed appeal lacked sufficient merit and a realistic prospect of success: Downs J correctly applied established leave criteria; the arbitrator's approach equating upset annual rent with fair annual rent was supported by statute, authority and common sense; valuation methodology and the 6.5% rental factor were matters of expert fact and established practice; further appeal would cause undue delay and prejudice to the respondent.