Court of Appeal Wellington
CA462/2009; [2010] NZCA 275
18 May; 29 June 2010
O’Regan, Priestley and Ronald Young JJ
CA462/2009; [2010] NZCA 275
18 May; 29 June 2010
O’Regan, Priestley and Ronald Young JJ
Contract — Cancellation — Unlawful entry by lessor one day early — Whether became lawful cancellation on following day — Contractual Remedies Act 1979, ss 5 and 8(1)(b).
Property — Lease — Right of re-entry — Whether re-entry authorised by the lease — Whether lease cancelled immediately upon tenant’s failure to pay or cancelled only when rent was 14 days in arrears — Whether continued possession of premises made unlawful re-entry lawful — Whether continued possession of premises communicated or evinced intention to cancel the contract — Contractual Remedies Act 1979, ss 5 and 8(1)(b).
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