James Ward Trustee Company v Chen

[2024] NZHC 756

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-278

[2024] NZHC 756

UNDER

the Property Law Act 2007

IN THE MATTER

of an application under section 244(1)(a) for an order for possession of the land for the purpose of cancelling a lease

BETWEEN

JAMES WARD TRUSTEE COMPANY

Applicant

AND

FENG CHUN CHEN

Respondent

Hearing:	10 April 2024
Appearances:	L A Sheppard for the applicant No appearance for the respondent
Judgment:	10 April 2024

RESULT JUDGMENT OF ROBINSON J

This judgment was delivered by me on 10 April 2024 at 3:30 pm pursuant to Rule 11.5 of the High Court Rules

…………………………………………………………………… Registrar/Deputy Registrar

Solicitors:
Heimsath Alexander, Auckland

Copy to: F C Chen (the respondent)

JAMES WARD TRUSTEE COMPANY v CHEN [2024] NZHC 756 [10 April 2024]

[1]        For reasons that will follow shortly I enter judgment in favour of the applicant and make orders that:

(a)the applicant is granted possession of the land described as Apartment 1608, Scene Three, 30 Beach Road, Auckland 1010 recorded in the record of title 274480 (North Auckland) (Land)’

(b)the registered lease 6863612.19 is cancelled;

(c)the respondent pays the applicant the sum of $137,190.29, comprising:

(i)ground rent of $75,873.71, owing as at the date of this order;

(ii)OPEX of $27,596.81, owing as at the date of this order;

(iii)Auckland Council rates of $5,570.39, owing as at the date of this order;

(iv)costs, expenses and disbursements of $20,019.12, pursuant to schedule A, clause 2(d) and schedule C, clause 22(b) of the Lease; and

(v)interest on $129,132.03 pursuant to section 10 of the Interest on Money Claims Act 2016 from the due date for payment until paid, including $8,058.26 of interest accrued to 10 April 2024 and such further interest accruing at a daily rate of $20.82.

Robinson J