KDB Chartered Accountants Limited v Core City Investments Limited HC Auckland Civ-2011-404-4549

[2011] NZHC 817

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2011-404-4549

BETWEEN  KDB CHARTERED ACCOUNTANTS LIMITED

Applicant

ANDCORE CITY INVESTMENTS LIMITED Respondent

Hearing:         29 July 2011

Appearances: Mr T J P Bowler for applicant

No appearance for respondent

Judgment:      29 July 2011

ORAL JUDGMENT OF ASSOCIATE JUDGE J P DOOGUE

Solicitors:

Grove Darlow & Partners, P O Box 2882, Auckland –  [email protected] / and to [email protected]

KDB CHARTERED ACCOUNTANTS LIMITED V CORE CITY INVESTMENTS LIMITED HC AK CIV-

2011-404-4549 29 July 2011

[1]      The applicant has filed an application for relief against cancellation of the lease pursuant to s 253 of the Property Law Act 2007.  Service of the proceedings has only just been affected.

[2]      It is not known at this stage whether the application which has been brought by the lessee/applicant will be opposed but clearly the respondent will have to be given an opportunity to be heard on the substantial application if that is its wish.  On the other hand, unless steps are taken to preserve the position of the applicant in the interim, the applicant could suffer substantial damage to its practice by having its tenancy of the premises at Carlton Gore Road interrupted.

[3]      I  propose  therefore  to  make  an  interim  order  granting  relief  against cancellation of the lease which will take effect until further order of the Court.  The order is made subject to the following conditions:

(a)      That the applicant is from time to time to pay a sum equivalent to its current rental liabilities to the Registrar of the High Court in Auckland to  be  held  in  an  interest  bearing  account  subject  to  the  further directions of the Court as to who is entitled to the amounts that are accumulated in the deposit account;

[4]      The application is to be listed for further mention in my Chambers List on 12

August 2011 at 2.15 p.m.  The respondent is to file and serve a notice of appearance of notice of opposition if it wishes to be heard on this proceeding by that date.

[5]      The sum of $119,655.31 in the form of a cheque drawn on the account of the applicants which has been tendered to the Registrar is to be receipted and paid into the interest bearing account which I have mentioned above.  It will be held on the same terms as any other funds that may be paid into the account.

[6]      A copy of this judgment is to be served by the applicant on the respondent not later than 1 August 2011 at 5 p.m.

[7]      Costs on the application to this point are reserved.

J P Doogue

Associate Judge