Yong Xin Chen v The Cornwall Park Trust Board Inc

[2016] NZSC 81

IN THE SUPREME COURT OF NEW ZEALAND

SC 34/2016
[2016] NZSC 81

BETWEEN	YONG XIN CHEN Applicant
AND	THE CORNWALL PARK TRUST BOARD INC Respondent

Court:	William Young, Glazebrook and Arnold JJ
Counsel:	R J Hollyman and T F Cleary for Applicant M G Ring QC and J G H Hannan for Respondent
Judgment:	4 July 2016

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted (Cornwall Park Trust Board Inc v Chen [2016] NZCA 65).

BThe approved questions are whether the Court of Appeal was correct:

(i)to hold that the applicant is liable under the lease to pay the upset rental from the date of expiry of the lease until she vacated the property; and

(ii)in interpreting and applying the applicant’s repair obligations under the lease.

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Solicitors:
Loo & Koo, Auckland for Applicant
DLA Piper, Auckland for Respondent