ROKE REALTY LTD V MALONES LTD (2013) 15 NZCPR 8;[2013] NZHC 2520

Written By Phillip Rice

Acting for a tavern in defending a claim by the purchaser of the premises from a mortgagee that it was not bound by a variation to the lease reducing the rent as the mortgagee had not consented to the lease. The High Court held that the new owner, having elected to take the premises subject to the existing lease, was bound by the lease as varied.
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Phillip Rice
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