Tieu v Muir

[2017] NZHC 621

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2016-404-002598 [2017] NZHC 621

UNDER

the Property Law Act 2007

IN THE MATTER

of an application for an order for possession of land, cancellation of lease and ancillary orders

BETWEEN

LUONG THANG TIEU AND LE LAM TIEU

Plaintiffs/Applicants

AND

GLENYS MUIR Defendant/Respondent

Hearing:	3 April 2017
Counsel:	GJ Kohler QC for Plaintiffs/Applicants
Judgment:	3 April 2017

ORAL JUDGMENT OF DOWNS J

Solicitors/Counsel: BT Law, Auckland.

GJ Kohler QC, Auckland.

TIEU v MUIR [2017] NZHC 621 [3 April 2017]

[1]      The Tieus own a property at 3 Bracken Avenue, Epsom.   The property is leased to Ms Muir.  She has fallen considerably behind in the payment of rent.  On

14  October  2016  the Tieus  filed  this  proceeding—an  application  for  orders  for possession of the land, cancellation of the lease and related orders.

[2]      Mr Kohler QC appeared in support of the applications today.  There was no appearance for the respondent.  The case has some history.  As I have observed, the proceeding was filed on 14 October 2016.   There was an attempt at settlement, I assume on the basis Ms Muir would re-finance. That has not occurred.

[3]      Mr Kohler advises Ms Muir returned a key (for the property) to his clients at the weekend, presumably on the basis she would take no further step to resist the proceeding.  No notice of opposition has been filed.  When the proceeding was last called before Davison J, His Honour adjourned it on the basis that adjournment was to be the last. And so it has proved to be.  I am satisfied the applications are proper:

(a)       The lease (C460128.2F) is cancelled as of 11 April 2017.

(b)      The Tieus are to have possession of the property from the same date. (c)       They are also entitled to rent in arrears.  As at 28 February 2017, the

outstanding amount was $266,930.  The daily rate of rent is $315.06. I make an order the Tieus are entitled to outstanding rent of $266,930, plus the daily rate of $315.06 through to and including 11 April 2017.

(d)      Unsurprisingly, the Tieus seek costs on a 2B basis.  That too is proper.

And, I make that order.

……………………………..

Downs J