14 Mar 2016
THE CORNWALL PARK TRUST BOARD INC v CHEN [2016] NZCA 65
- Citation
- [2016] 2 NZLR 637
- Court
- Court of Appeal
Clause 13(t) was correctly interpreted to obligate an outgoing lessee who remains in possession to pay a rental calculated on the basis of the upset rent from the date of expiry while the valuation/renewal/auction processes are pending, irrespective of whether a new lease is ultimately granted; the Board was not estopped from claiming the upset rent; clause 17 negated implied statutory repair exceptions under the Property Law Act 1952; the lessee breached express repair covenants and the Board may recover reasonable cost of remediation under the prima facie Joyner v Weeks measure of damages.