Axios Property Management Limited v Malloo Enterprises Limited

[2021] NZHC 2105

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2021-409-307

[2021] NZHC 2105

UNDER

Section 244 Property Law Act 2007

IN THE MATTER

of an application for an order for the possession of land

BETWEEN

AXIOS PROPERTY MANAGEMENT LIMITED

Plaintiff

AND

MALLOO ENTERPRISES LIMITED

Defendant

Hearing:

On the papers

Appearances:

L J Hill for Applicant

B R D Burke for Respondent

Judgment:

12 August 2021

JUDGMENT OF ASSOCIATE JUDGE LESTER

(as to Tomlin Order)

AXIOS PROPERTY MANAGEMENT LIMITED v MALLOO ENTERPRISES LIMITED [2021] NZHC 2105

[12 August 2021]

[1]    This proceeding concerns a deed of sublease dated 28 October 2020 under which the defendant leased the premises at 22A Esplanade, Sumner.

[2]    The plaintiff commenced these proceedings seeking an order for possession of the property under s 244 of the Property Law Act 2007 (the Act) on the grounds that the defendant had failed to pay rent and outgoings stipulated in an earlier notice of default. There is a dispute between the parties in relation to that issue.

[3]    The plaintiff and the defendant have agreed on the terms of a Tomlin Order and have submitted it to the Court for approval.

[4]I order by consent:

(a)the parties having agreed to the terms set forth in the attached Schedule, it is ordered that all further proceedings in this action be stayed, except for the purpose of carrying such terms into effect;

[5]    leave is reserved to the parties to apply further in respect of carrying such terms into effect.

Associate Judge Lester

Solicitors:
Themis Law, Tai Tapu