Cases - Leases and Licenses

Question 1

Fatac Ltd v Commissioner of Inland Revenue

Answer 1

• Look at substance not name
• Lease = exclusive possession
• Licence = licence to enter land and use within confined limits

Question 2

New Zealand Fish and Game Council v AG

Answer 2

Facts:
- Pastoral leases
Held:
- Extent of obligations would make it surprising to be a license
- No suggestion crown retained exclusive possession
- Limits on lessor not enough

Question 3

Mulholland v Waimarie Industries Ltd

Answer 3

Where breach is purely failure to pay rent, presumption of right to relief.
Relief only not granted if hopelessly insolvent.

Question 4

Strong v Hurunui Hotel

Answer 4

• Relief on conditional basis of remedying breaches
• Wide discretion of courts to grant relief
• Breaches wilful and continuing unlikely to get relief

Question 5

Sibrad Company Ltd v Kanters and Edwards

Answer 5

• Lots of deliberate, serious breaches
• Must balance prejudice to both parties

Question 6

Sealink Travel Group New Zealand Ltd v Waiheke Shipping

Answer 6

• Claimant a licensee
• Unsure whether a licensee can sue in trespass