Supreme Court of New Zealand Wellington
SC72/2010; [2011] NZSC 49
22 March; 10 May 2011
Elias CJ, Blanchard, Tipping, McGrath and William Young JJ
SC72/2010; [2011] NZSC 49
22 March; 10 May 2011
Elias CJ, Blanchard, Tipping, McGrath and William Young JJ
Contract — Cancellation — Unlawful re-entry by landlord one day early — No communication by tenant of cancellation — Whether re-entry became lawful cancellation on following day — Contractual Remedies Act 1979, s 7.
Property — Lease — Right of re-entry — Unlawful entry by landlord one day early — Whether continued possession of premises made unlawful re-entry lawful — Whether continued possession of premises allowed landlord to cancel for tenants' subsequent default — Contractual Remedies Act 1979, s 7.
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