Graeme Ingram and Elizabeth Knee v Patcroft Properties Ltd

[2010] NZSC 121

IN THE SUPREME COURT OF NEW ZEALAND

SC 72/2010
[2010] NZSC 121

BETWEENGRAEME JOHN INGRAM AND ELIZABETH KNEE

First Appellants

ANDKIP INVESTMENTS LIMITED

Second Appellants

ANDPATCROFT PROPERTIES LIMITED

Respondent

Court:Blanchard, McGrath and William Young JJ

Counsel:D W Grove for Appellants

D G Collecutt for Respondent

Judgment:27 September 2010 

JUDGMENT OF THE COURT

A            The application for leave to appeal is granted.

B            The approved ground is:

In circumstances in which the respondent’s re-entry into the premises on 14 June 2005 was invalid, whether, and when, either of the parties thereafter validly terminated the lease.

Solicitors:

Foy & Halse, Auckland for Appellants

Shean Singh, Auckland for Respondent