R. Chesney Limited v New Zealand Dry Cleaners and Dyers Limited - [1958] NZLR 598

Tenancy — Possession — Business premises — Judgment for possession entered against tenant in 1946 — Tenant protected from execution by emergency regulations, save with leave of Court — Subsequent protection by tenancy legislation — Landlord, in 1958, required to establish grounds for order for possession before applying for leave to issue execution on original judgment — Debtors Emergency Regulations 1940 (S.R. 1940/162), Reg. 4 (2) (a) (i) — Economic Stabilisation Emergency Regulations 1942 (S.R. 1942/186, and S.R. 1946/184), Regs. 21A-21E — Tenancy Act 1948, ss. 24 (1) (h), 24 (2), 25 — Tenancy Act 1955, ss. 36 (e), 37 (1), 38

Tenancy — Acceptance by landlord of rent from statutory tenant — New tenancy not inferred if explained on some footing other than creation of new tenancy — Tenancy Act 1955, s. 47 (3)

Practice — Execution — Execution after six years from recovery of judgment — Leave of Court required — Leave in discretion of Court — Notice to be given to Party liable — Code of Civil Procedure, RR. 345-347.