Main v Main

The Court of Appeal of New Zealand heard an appeal by Michael Raymond Main against a summary judgment entered in favour of Kevin Evan Main in the District Court. The judgment was for unpaid rent and outgoings of $17,830 plus interest and costs relating to premises leased to a company of which the appellant was the sole shareholder and director. The appellant remained in occupation of the premises after the company was de-registered and failed to pay any rent or outgoings. The respondent sought summary judgment for the unpaid amounts, which was granted by the District Court. The appellant appealed this decision to the High Court and subsequently to the Court of Appeal, arguing that the Residential Tenancies Act 1986 applied to the premises.

The Court of Appeal considered whether the Residential Tenancies Act applied to the premises, which were used for both commercial and residential purposes. The Court found that the respondent had established that the premises were let principally for commercial purposes, and therefore, the Residential Tenancies Act did not apply. The Court was satisfied that the respondent had discharged the onus of proving that the premises were let principally for purposes other than residential purposes. The Court dismissed the appeal and ordered the appellant to pay the respondent's costs of $5,000 together with usual disbursements.