New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Valuation objections
  • 18 Sept 2023

    RONGOTAI INVESTMENTS LIMITED v BLAYLOCK [2023] NZHC 2599

    Citation
    [2023] NZHC 2599
    Court
    High Court

    The Court held that Rongotai advanced a tenable interpretation that clause 3 either objectively requires rent to be calculated by reference to the correct/final Government Valuation (with retrospective effect) or that an implied term to that effect is necessary to give business efficacy; consequently the defendants failed to prove on the balance of probabilities that the plaintiff's first three causes of action cannot succeed and the strike out threshold was not met; similarly the pleaded undertaking/agreement dated 29 April 2021 against the Blaylock Interests was tenable and not appropriate…