St John's Holdings Limited v Klish HC Auckland CIV-2011-404-001145

[2011] NZHC 269

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2011-404-001145

BETWEEN  ST JOHN'S HOLDINGS LIMITED Applicant

ANDTARAS KLISH AND MARIA KLISH Respondent

Hearing:         28 March 2011

Appearances: J M Foley for Applicant

No appearance for Respondent

Judgment:      29 March 2011 at 4:00 PM

JUDGMENT OF COURTNEY J

This judgment was delivered by Justice Courtney on 29 March 2011 at 4:00 pm

pursuant to R 11.5 of the High Court Rules.

Registrar / Deputy Registrar

Date………………………

Solicitors:           Foley & Hughes, P O Box 6829, Auckland 1141

Fax: [phone]

Counsel:             J Foley, P O Box 4069, Auckland 1140 email: [email protected]

ST JOHN'S HOLDINGS LTD V KLISH HC AK CIV-2011-404-001145 29 March 2011

[1]      The applicant, St John’s Holdings Ltd, is the lessor of residential property in St Johns, Auckland.  The street address is 9 Anson Place, St Johns.  The respondents are the lessees of the property under a ground lease registered number 8079272.1 at Land Information New Zealand.

[2]      The respondents are currently in arrears in respect of monies due under the lease.  Mr Foley has proved me with a Solicitor’s Certificate as to unpaid debt which confirms that as at today, 28 March 2011, arrears of $2,120.77 being the amount required by the Property Law Act Notice remains outstanding.  There are additional monies also claimed under the lease.  The amount sought today in respect of both the Property Law Act arrears and the other monies total $7,669.17.

[3]      The applicant seeks to have the lease cancelled.   The respondents have not appeared today and have taken no steps in the proceeding.  There is an affidavit of service of the application on each respondent.  I therefore make the orders sought as follows:

(a)      That the lease registered with number 8079272.1 at Land Information New Zealand of which the applicant company is the current lessor and the respondents are the current lessees be cancelled with immediate effect;

(b)That the respondents be required to give to the applicant company immediate possession of the land comprised in the lease being land at

9 Anson Place, St Johns, Auckland;

(c)      That the respondents be required to pay to the applicant company the sum of $7,669.17, being arrears and other monies due and payable under the lease up to the date of cancellation of the lease together with interest thereon at the contractual rate permitted under the lease;

(d)That the respondent pay the legal costs of the applicant company in this matter including in giving notice of cancellation to cancel the

lease  under  the  Property  Law  Act  2007  and  incurred  in  these

proceedings.

P Courtney J