Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Judgment: Portage Licensing Trust v Avondale Hotel

PORTAGE LICENSING TRUST V AVONDALE HOTEL NO. 1 LIMITED And Anor SC 71/2005 [1 March
2006]

IN THE SUPREME COURT OF NEW ZEALAND
SC 71/2005
[2006] NZSC 5

BETWEEN PORTAGE LICENSING TRUST
Appellant

AND AVONDALE HOTEL NO. 1 LIMITED
First Respondent

AND PENINSULA MOTOR HOTEL LIMITED
Second Respondent
Court: Blanchard, Tipping and McGrath JJ
Counsel: D R Bigio for Appellant
G J Kohler for Respondents

Judgment: 1 March 2006

JUDGMENT OF THE COURT
A. The application for leave to appeal is dismissed.

B. The appellant is to pay the respondents costs in the sum of $2,500.00 plus disbursements, to be settled if necessary by the Registrar.

REASONS
[1] This application for leave to appeal concerns which party had the obligation to replace certain chattels in a leased hotel. The appellant has endeavoured to persuade the Court that points of law of general or public importance arise. The appellant suggests that this is so primarily in relation to the question of when and on what basis it is appropriate to imply terms into a contract.

[2] Having carefully considered the appellant’s submissions, we find ourselves in agreement with the respondents that no qualifying point of law truly arises. Nor do we consider the appeal involves any matter of general commercial significance. At the most the case raises the application of reasonably settled principles to very complex and particular facts. In short, it is a case which turns on its own mix of facts and circumstances. The determination of the Court of Appeal will have no significant precedent value, either in legal terms or in commercial terms.

[3] The appellant has not satisfied us that it is necessary in the interests of justice for this Court to hear and determine the proposed appeal, that being the criterion set out in s 13 of the Supreme Court Act 2003. It is for these reasons that the application is dismissed, with costs as noted above.

Solicitors:
Ellis Gould, Auckland for Appellant
Wadsworth Ray, Auckland for Respondents

ENDS

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Peters/Ardern Triumph

There are a lot of good reasons to feel joyful about this outcome. It is what so many young voters – the best hope for the country’s future – wanted.

Far more important than the implications for the Economy Gods ( is the dollar up or down? ) last night’s outcome will also mean many, many vulnerable New Zealanders will have a better life over the next three years at least.

Yet the desire for change was in the majority, across the country..>>>More


Reaction

Labour on its agreement |Peters: Post-Election Announcement Speech | Greenpeace “cautiously hopeful” about new Government | ACT - Madman on the loose | E tū ecstatic | Chamber welcomes the outcome | Greens on their joining Govt | EDS welcomes new govt | Immigrant groups worry | Feds ready to engage new coalition government | Labour Ministers of the Crown announced

 

Climate: Increasing Greenhouse Emissions Hit NZ

New Zealand is seeing impacts of excess greenhouse gas emissions in our climate and oceans, according to the latest national report from the Ministry for the Environment and Stats NZ about the state of the atmosphere and climate…More>>

ALSO:


Wellington.Scoop: Arrests At Blockade Of "Weapons Expo"

“We encourage people in Wellington to get down to the Westpac Stadium now for a day of awesome peace action. There will be plenty of food, music and activities to keep us sustained through the day.” More>>

ALSO:

Rorschach Restructuring: PSA Taking Inland Revenue To Court Over Psychometrics

The Public Service Association will be seeing Inland Revenue in Employment Court over its intention to psychometrically test employees reapplying for their roles at the department as part of its controversial Business Transformation restructuring plan. More>>

ALSO:

Nuclear Disarmament: Nobel Peace Prize 2017 Awarded To ICAN

Congratulations from iCAN Aotearoa New Zealand to international iCAN, the other iCAN national campaigns and partner organisations, and the countless organisations and individuals who have worked so hard for a nuclear weapons-free world since 1945. More>>

ALSO:

Expenses: Waikato DHB CEO Resigns

An independent inquiry has identified that Dr Murray had spent more than the agreed $25K allocated for relocation costs, and other unauthorized expenses involving potential financial breaches of the chief executive’s obligations. More>>

ALSO:

Wellington.Scoop: Sad About The Trolley Buses?

The Regional Council’s MetLink is today spending money to tell us that it really loves Wellington’s trolley buses, even though they’re all being taken off our roads by the end of this month. More>>

ALSO:

Post-Election: Preliminary Coalition Talks Begin

New Zealand First will hold post-election preliminary discussions in Wellington with the National Party tomorrow morning and the Labour Party tomorrow afternoon. More>>

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages

Opening the Election