Wholesale Distributors Ltd v Gibbons Holdings Ltd

[2005] NZSC 78

IN THE SUPREME COURT OF NEW ZEALAND

SC 53/05

BETWEENWHOLESALE DISTRIBUTORS LIMITED

Appellant

ANDGIBBONS HOLDINGS LIMITED

Respondent

Court:Blanchard and Tipping JJ

Appearances:  G P Curry and B F Peachey for Appellant

W M Wilson QC and P J Radich for Respondent

Judgment:1 December 2005 

JUDGEMENT OF THE COURT

A.Leave to appeal is granted.

B.The approved ground, in terms of r 29, is whether the appellant is bound to meet the obligations of the sublessee under the 1991 deed through to 31 October 2010 and to enter into the new lease from 2 November 2002 accordingly.

Solicitors:
Russell McVeagh, Auckland for Appellant
Temple Chambers, Blenheim for Respondent