Kupe Trustee Company Limited v Bhalla

[2022] NZHC 2007

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-697

[2022] NZHC 2007

UNDER

the Property Law Act 2007

IN THE MATTER

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

BETWEEN

KUPE TRUSTEE COMPANY LIMITED and KUPE TRUSTEE COMPANY NO 2 LIMITED

Plaintiffs

AND

RAMAN BHALLA

Defendant

Remote hearing:	11 August 2022
Appearance:	L A Sheppard for plaintiffs
Date of judgment:	12 August 2022

JUDGMENT OF JAGOSE J

This judgment was delivered by me on 12 August 2022 at 4.00pm.

Pursuant to Rule 11.5 of the High Court Rules.

…………………………

Registrar/Deputy Registrar

Solicitors:

Heimsath Alexander, Auckland

KUPE TRUSTEE COMPANY LTD v BHALLA [2022] NZHC 2007 [12 August 2022]

[1]                 As duty judge, I have before me for formal proof Kupe Trustee’s originating application for an order for possession of the land comprised in a lease, for the purpose of cancelling its lease to Mr Bhalla for his breach of its covenant to pay rent.1

[2]                 I have affidavit evidence from Sharon Bartlett affirmed 27 April 2022 and Jeanette  Gaye  Stewart  sworn  9  August  2022  establishing  to  my  satisfaction  Mr Bhalla’s breach of the covenant and Kupe Trustee’s entitlement to exercise its right to cancel the leave accordingly, including as to the duration of rent arrears exceeding 10 working days, service on 17 May 2021 of notice of intention to cancel the lease expiring on 29 June 2021, and the breach remaining unremedied on the notice’s expiry.

[3]                 I therefore make the order for possession of land and cancel the lease, and otherwise order Mr Bhalla pay the rent up to the date of cancellation or any later date on which he yields up possession, and costs and interest as quantified by counsel.

—Jagose J

1      Property Law Act 2007, ss 243–251.