New Zealand Case Law: Decisions & Judgments

Topic

Variation of lease

Legal area

Court

9 Feb 2015

GREENHALGH v JUSTUS HOLDINGS LIMITED [2015] NZHC 153

Citation

[2015] NZHC 153
Court

High Court

The guarantee in the original lease expressly extended to any holding over; evidence showed the tenant continued occupation and paid adjusted rent from 1 December 2007; the guarantors had negotiated the arrangements and therefore could not rely on any discharge by variation; accordingly the guarantors remained jointly and severally liable for unpaid rent accruing during the holding over period up to the tenant's vacation on 4 August 2014.
29 Feb 2012

MFT PROPERTIES LIMITED V COUNTRY CLUB APARTMENTS LIMITED SC 123/2011

Citation

SC 123/2011
Court

Supreme Court

Leave to appeal was refused because the issues raised were essentially factual, the Court of Appeal's findings on the existence of an agreement and the sufficiency of the written memorandum and signature had ample factual basis and raised no question of public or general importance or substantial miscarriage of justice; rectification principles supported enforcement of the variation and the court did not need to decide alternative part performance arguments.
21 Sept 2010

CHOW GROUP LIMITED V RANGIHUNA HC AK CIV-2009-404-7395

Citation

openlaw-74d89f25_da01_4ad5_9dc1_54f3ba793e80.pdf
Court

High Court

Summary judgment was declined because genuine issues of fact and law remain for trial: the deed of 15 February 2008 on its face may preserve earlier lease terms and is not shown to be a nullity; the alleged variation of rent by Guardian Trust raises factual and notice issues; material evidential gaps and omissions by the plaintiff prevent the Court concluding the defendant has no defence.

New Zealand Case Law

GREENHALGH v JUSTUS HOLDINGS LIMITED [2015] NZHC 153

MFT PROPERTIES LIMITED V COUNTRY CLUB APARTMENTS LIMITED SC 123/2011

CHOW GROUP LIMITED V RANGIHUNA HC AK CIV-2009-404-7395