Introduction Background of the Dispute Tenant’s Application for Relief Waimarie applied to the High Court under s253 of the Property Law Act 2007, requesting relief against cancellation of the lease. The company argued that it would be able to clear the arrears within three weeks based on either: Landlord’s Objections Legal Framework and Principles Court’s […]
Introduction The New Zealand Court of Appeal’s decision in Stewart v Eversons International Limited (In Liq) [2024] NZCA 602 highlights significant legal principles surrounding Settlement Deeds, default notices, and the enforceability of admissions under the High Court Rules 2016. The case provides valuable insights into the obligations of parties under settlement agreements and the conditions
Stewart v Eversons International Limited – Settlement Deeds Read More »
Introduction The recent Court of Appeal decision in Liu v Hu [2024] NZCA 205 provides a significant examination of contractual obligations, misrepresentation, and equitable set-off within the context of a property development agreement. The case revolves around the sale and purchase of a property intended for development into six residential units, raising critical questions about
Equitable Set-Off: A Viable Defence Against Summary Judgment? Read More »
