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