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Graeme John Ingram and Elizabeth Knee & Kip Investments Limited v Patrcroft Investments Limited - SC 72/2010

Media releases

Summary

Civil Appeal – Contract – Respondent re-entered property on 14 June 2005, one day before entitled to cancel lease contract for failure by Appellants to pay rent arrears – Whether Respondent cancelled contract under s 8 Contractual Remedies Act 1979 on 15 June by remaining in occupation of the property – Whether Respondent must have been ready, willing and able to perform the contract when cancelling on 15 June – Whether Court of Appeal correct to say Appellants could have reserved their rights to cancel for Respondent’s repudiation by paying outstanding rent on 14 June.[2010]  NZCA 275 29 June 2010

Result

The application for leave to appeal is granted.
The approved ground is: In circumstances in which the respondent’s re-entry into the premises on 14 June 2005 was invalid, whether, and when, either of the parties thereafter validly terminated the lease.
27 September 2010
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A The appeal is allowed and the orders made by the High Court are restored.
B The appellants are awarded costs of $15,000 together with their reasonable disbursements to be fixed if necessary by the Registrar.
C The costs order made by the Court of Appeal is reversed.  Any outstanding questions concerning interest and costs should be determined by the High Court.  
19 May 2011

Related Documents

Leave judgment - leave granted — INGRAM AND KNEE And Anor v PATCROFT PROPERTIES LIMI TED SC 72/2010 [27 September 2010] (PDF 32 KB)

Substantive judgment — INGRAM AND KNEE v PATCROFT PROPERTIES LIMITED SC 72/2010 [10 May 2011] (PDF 150 KB)

Additional Information

Transcript

Hearing date : 22 March 2011

Elias CJ,  Blanchard, Tipping, McGrath, William Young JJ.