Cant v Mountview Enterprises Limited

[2013] NZHC 2072

CANT v MOUNTVIEW [2013] NZHC 2072 [15 August 2013]

 

discussions that have occurred between the parties, but is not represented today.  No

papers have been filed in opposition.

 

The  respondent  has  had  legal  assistance  in

 

that  these  requirements  are  met.

 

Section 245(1) of the Act sets out the notice requirements that must be complied

with before such an order can be made.  I am satisfied on the information provided

 

The  application  is  based  on  a  breach  of  the  covenant  to  pay  rent.

 

[2]

 

s 244(1) of the Property Law Act 2007 for possession of land that is subject to a

lease.   The effect of the order would be to cancel the lease from the time of the making of the order.

 

The applicants apply by way of originating application for an order under

 

[1]

 

ORAL JUDGMENT OF SIMON FRANCE J

 

15 August 2013

 

Judgment:

 

G Praat for Applicants

No Appearance for Respondent

 

Counsel:

 

15August 2013

 

Hearing:

 

MOUNTVIEW ENTERPRISES

LIMITED Respondent

 

AND

 

PHILIP HAROLD CANT,

JENNIFER MARY FRENCH CANT AND JOHN GILBERT SINNAMON Applicants

 

BETWEEN

 

CIV2013-442-264

[2013]NZHC2072

 

IN THE HIGH COURT OF NEW ZEALAND

NELSON REGISTRY

 

Solicitors:

Berry & Co, Barristers & Solicitors, Oamaru

 

Simon France J

 

arrangements are necessary to ensure an orderly re-entry.

 

I  understand  that  the  lessees  have  already  vacated  so  no

 

Tahunanui,  Nelson).

 

plaintiffs are to have possession from today, Wednesday, 15 August, of the land

contained in C/T NL 120/38 (Nelson Registry) being Lot 1 DP4760 (87 Golf Road,

 

Pursuant  to  s 244(1)(a)  of  the  Property  Law  Act 2007,  I  order  that  the

 

[5]

 

that effect.  Solicitor-client costs are awarded but this order applies only to matters

that are provided for by the Rules. Any other expenditure can be pursued pursuant to the lease.

 

The applicants seek indemnity costs in terms of the lease.  Clause 6.1 is to

 

[4]

 

rent, interest and recovery costs.  I decline to make such orders which should be the

subject of separate proceedings.

 

The application also seeks orders requiring the respondent to pay outstanding

 

[3]