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High Court of New Zealand Decisions |
Last Updated: 25 June 2011
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2011-404-001145
BETWEEN ST JOHN'S HOLDINGS LIMITED Applicant
AND TARAS KLISH AND MARIA KLISH Respondent
Hearing: 28 March 2011
Appearances: J M Foley for Applicant
No appearance for Respondent
Judgment: 29 March 2011 at 4:00 PM
JUDGMENT OF COURTNEY J
This judgment was delivered by Justice Courtney on 29 March 2011 at 4:00 pm
pursuant to R 11.5 of the High Court Rules.
Registrar / Deputy Registrar
Date...........................
Solicitors: Foley & Hughes, P O Box 6829, Auckland 1141
Fax: (09) 379-9560
Counsel: J Foley, P O Box 4069, Auckland 1140 email: james.foley@appold.co.nz
ST JOHN'S HOLDINGS LTD V KLISH HC AK CIV-2011-404-001145 29 March 2011
[1] The applicant, St John’s Holdings Ltd, is the lessor of residential property in St Johns, Auckland. The street address is 9 Anson Place, St Johns. The respondents are the lessees of the property under a ground lease registered number 8079272.1 at Land Information New Zealand.
[2] The respondents are currently in arrears in respect of monies due under the lease. Mr Foley has proved me with a Solicitor’s Certificate as to unpaid debt which confirms that as at today, 28 March 2011, arrears of $2,120.77 being the amount required by the Property Law Act Notice remains outstanding. There are additional monies also claimed under the lease. The amount sought today in respect of both the Property Law Act arrears and the other monies total $7,669.17.
[3] The applicant seeks to have the lease cancelled. The respondents have not appeared today and have taken no steps in the proceeding. There is an affidavit of service of the application on each respondent. I therefore make the orders sought as follows:
(a) That the lease registered with number 8079272.1 at Land Information New Zealand of which the applicant company is the current lessor and the respondents are the current lessees be cancelled with immediate effect;
(b) That the respondents be required to give to the applicant company immediate possession of the land comprised in the lease being land at
9 Anson Place, St Johns, Auckland;
(c) That the respondents be required to pay to the applicant company the sum of $7,669.17, being arrears and other monies due and payable under the lease up to the date of cancellation of the lease together with interest thereon at the contractual rate permitted under the lease;
(d) That the respondent pay the legal costs of the applicant company in this matter including in giving notice of cancellation to cancel the
lease under the Property Law Act 2007 and incurred in these
proceedings.
P Courtney J
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URL: http://www.nzlii.org/nz/cases/NZHC/2011/269.html