w w w . L a w y e r S e r v i c e s . i n



Hum Hospitality Limited v/s Stylo Medical Services Limited


Company & Directors' Information:- M C MEDICAL SERVICES PRIVATE LIMITED [Active] CIN = U85100TZ2012PTC019059

Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- S & J HOSPITALITY PRIVATE LIMITED [Active] CIN = U74120DL2008PTC172745

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- R L HOSPITALITY SERVICES LIMITED [Active] CIN = U74899DL1992PLC051326

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

Company & Directors' Information:- G. K. E. MEDICAL PRIVATE LIMITED [Active] CIN = U85100WB2009PTC139049

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- R N HOSPITALITY SERVICES PRIVATE LIMITED. [Active] CIN = U55101WB2008PTC123617

Company & Directors' Information:- D AND A HOSPITALITY SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1986PTC025323

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- A R MEDICAL PRIVATE LIMITED [Active] CIN = U24232AS2003PTC007179

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- S B HOSPITALITY & SERVICES PRIVATE LIMITED [Active] CIN = U85100DL2007PTC160868

Company & Directors' Information:- K 4 HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55101MH2008PTC188087

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- D K HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101MH2004PTC145783

Company & Directors' Information:- A V K HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55101DL2010PTC198337

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- M P K HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101PB2015PTC039431

Company & Directors' Information:- A. R. HOSPITALITY LIMITED [Active] CIN = U24210MH2003PLC140788

Company & Directors' Information:- C & C HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101DL2006PTC151317

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- V K C HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101DL2009PTC190897

Company & Directors' Information:- S AND S HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101WB2004PTC100468

Company & Directors' Information:- MEDICAL B AND T SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U72200RJ2006PTC022714

Company & Directors' Information:- P. L. G. HOSPITALITY LIMITED [Active] CIN = U55101DL2007PLC171309

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

Company & Directors' Information:- C J MEDICAL INDIA PRIVATE LIMITED [Active] CIN = U33110TG2010PTC068126

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- J M D HOSPITALITY PRIVATE LIMITED [Active] CIN = U63040MH2005PTC154817

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- S K S HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101DL2008PTC179380

Company & Directors' Information:- S P S MEDICAL INDIA PRIVATE LIMITED [Active] CIN = U51397BR2007PTC013129

Company & Directors' Information:- G AND S HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101DL2001PTC113130

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- V. S. K. HOSPITALITY PRIVATE LIMITED [Active] CIN = U93030UP2013PTC058665

Company & Directors' Information:- R B HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101CH2011PTC033044

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- P. B. HOSPITALITY SERVICES PRIVATE LIMITED [Active] CIN = U85110WB2008PTC126933

Company & Directors' Information:- P. MEDICAL PRIVATE LIMITED [Strike Off] CIN = U85195TG1987PTC008112

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- G S S HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55101DL2004PTC125487

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- A. P. HOSPITALITY SERVICES PRIVATE LIMITED [Active] CIN = U55101MH2010PTC203330

Company & Directors' Information:- S & P HOSPITALITY SERVICES PRIVATE LIMITED [Active] CIN = U55101TZ2012PTC018135

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- S H MEDICAL SERVICES PRIVATE LIMITED [Active] CIN = U85100PN2011PTC140380

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- P S D HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101TG2010PTC068578

Company & Directors' Information:- VERSUS HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55101WB2011PTC166812

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- D D HOSPITALITY PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U55101DL2014PTC273133

Company & Directors' Information:- G C HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U70200DL2012PTC234651

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- N A C HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55204AP2015PTC097326

Company & Directors' Information:- D & M HOSPITALITY PRIVATE LIMITED [Active] CIN = U55103KA2015PTC084861

Company & Directors' Information:- L & M SERVICES PRIVATE LIMITED [Active] CIN = U74999KL2020PTC066148

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- S AND M HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101DL1999PTC098439

Company & Directors' Information:- S AND M HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101HR1999PTC066364

Company & Directors' Information:- K & C HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101MH2008PTC178517

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- K. K. HOSPITALITY SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U55101GJ2007PTC049767

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- C S MEDICAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U85110TZ1991PTC003321

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- R S M P HOSPITALITY PRIVATE LIMITED [Active] CIN = U74900MH2011PTC221883

Company & Directors' Information:- R A R HOSPITALITY PRIVATE LIMITED [Active] CIN = U74999MH2015PTC261847

Company & Directors' Information:- M. G. HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55101DL2006PTC154992

Company & Directors' Information:- P L MEDICAL INDIA PRIVATE LIMITED [Strike Off] CIN = U33130DL2011PTC225068

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- R. K. MEDICAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U00304MH2000PTC128373

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- P & N HOSPITALITY PRIVATE LIMITED [Under Process of Striking Off] CIN = U55101KA2014PTC077614

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- F W HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55101DL2003PTC118653

Company & Directors' Information:- B S HOSPITALITY SERVICES PRIVATE LIMITED [Active] CIN = U74910DL2016PTC289715

Company & Directors' Information:- J V MEDICAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U85110DL2012PTC237016

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- S. G. HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U15400DL2012PTC235760

Company & Directors' Information:- S. S. HOSPITALITY PRIVATE LIMITED [Active] CIN = U55100MH2008PTC184009

Company & Directors' Information:- V & A HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101MH1999PTC121342

Company & Directors' Information:- A V HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55101MH2005PTC154807

Company & Directors' Information:- R S A HOSPITALITY PRIVATE LIMITED [Under Process of Striking Off] CIN = U55101MH2009PTC194077

Company & Directors' Information:- J N HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101MH2010PTC201161

Company & Directors' Information:- G & O HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101PN2013PTC147012

Company & Directors' Information:- A & M HOSPITALITY PRIVATE LIMITED [Under Process of Striking Off] CIN = U93090PY2011PTC002627

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- N J HOSPITALITY SERVICES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74930MH2015PTC268788

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- P & T HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U74999PN2014PTC152992

Company & Directors' Information:- M S HOSPITALITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U55204TG2010PTC070127

Company & Directors' Information:- V & V HOSPITALITY PRIVATE LIMITED [Active] CIN = U93030UP2013PTC055512

Company & Directors' Information:- B S K A SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC198627

Company & Directors' Information:- N AND P HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55101JK2013PTC003769

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- G. K. HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55101CH2012PTC033752

Company & Directors' Information:- G V M HOSPITALITY PRIVATE LIMITED [Active] CIN = U55204CH2013PTC034738

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- S AND R HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55101DL2005PTC140912

Company & Directors' Information:- R & J HOSPITALITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U55101DL2008PTC174006

Company & Directors' Information:- S V HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55101DL2009PTC196116

Company & Directors' Information:- A D HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101DL2010PTC203939

Company & Directors' Information:- B L HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55101DL2012PTC235466

Company & Directors' Information:- S N HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101DL2013PTC248314

Company & Directors' Information:- A J HOSPITALITY COMPANY PRIVATE LIMITED [Strike Off] CIN = U55101DL2013PTC254790

Company & Directors' Information:- I H R HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55101DL2013PTC260195

Company & Directors' Information:- 9 W HOSPITALITY PRIVATE LIMITED [Active] CIN = U55101DL2016PTC303419

Company & Directors' Information:- R K HOSPITALITY SERVICES PRIVATE LIMITED [Active] CIN = U55204DL2005PTC132111

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- J N D SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2014PTC264620

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- J & M HOSPITALITY SERVICES PRIVATE LIMITED [Active] CIN = U92412DL2007PTC163210

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- V N V HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55101HR2013PTC049287

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- M J HOSPITALITY SERVICES PRIVATE LIMITED [Active] CIN = U55101KA2015PTC080799

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- V N MEDICAL SERVICES PRIVATE LIMITED [Active] CIN = U85110KA2015PTC080885

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- G L F HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55101KL2013PTC034522

Company & Directors' Information:- J & B HOSPITALITY SERVICES PRIVATE LIMITED [Active] CIN = U74140KL2014PTC037068

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- H & K MEDICAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U33110GJ2016PTC085924

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

Company & Directors' Information:- C R N HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U85100KL2014PTC036930

Company & Directors' Information:- K M L HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U85191KL2014PTC037079

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- L & C SERVICES PRIVATE LIMITED [Active] CIN = U45309BR2020PTC049854

Company & Directors' Information:- L K E SERVICES PRIVATE LIMITED [Active] CIN = U74999RJ2021PTC073635

Company & Directors' Information:- R H D MEDICAL PRIVATE LIMITED [Active] CIN = U85110DL2021PTC377464

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- B & V HOSPITALITY PRIVATE LIMITED [Strike Off] CIN = U55101MH2008PTC185481

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

Company & Directors' Information:- A & P MEDICAL SERVICES PRIVATE LIMITED. [Strike Off] CIN = U85121DL2006PTC153683

Company & Directors' Information:- J C S HOSPITALITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U85310KA2008PTC048044

    CA No. 176 of 2021

    Decided On, 13 August 2021

    At, Court of Appeal of New Zealand

    By, THE HONOURABLE MR. JUSTICE KÓS P & THE HONOURABLE MR. JUSTICE BROWN

    For the Appellant: B.J. Burt, Advocate. For the Respondent: R.O. Parmenter, Advocate.



Judgment Text

REASONS OF THE COURT(Given by Ks P)[1] The applicant, Hum Hospitality Ltd, leased premises in Grafton Road, Auckland, from the respondent, Stylo Medical Services Ltd. The lease commenced in February 2011 and is subject to two eight-year rights of renewal. The final expiry date is in January 2033. A three-year rent holiday was provided, but a detailed clause in the lease required Hum to renovate the premises.[2] The relationship has been mutually unsatisfactory. Stylo has made several attempts to evict Hum, including, most recently, an application in 2019 to cancel the lease for non-payment of rent.[3] On 11 November 2020, Brewer J held that Hum was liable for (a) rental of the premises on and from 1 December 2016 at the annual rate of $120,000 plus GST and reviewable in accordance with cl 47.1 of the lease; and (b) arrears of rental payments of at least $150,000.[1][4] The Judge ordered Hum to pay the arrears within one calendar month, failing which the lease would be cancelled.[2] He also ordered that if Hum defaulted on the payment of any future rent, the lease would be cancelled unless Hum could show that the non payment had been remedied within 10 working days.[3][5] On 7 December 2020 Hum applied for a stay of Brewer J’s decision on the basis that it was not in a position to pay the $150,000. Edwards J declined the application.[4][6] Ultimately, Hum was able to pay the $150,000 on time. However, it did not include GST on its rental payment for January 2021.[7] On 2 February 2021, Stylo applied for permission to seal orders cancelling the lease. Brewer J granted the application.[5] Hum applied successfully for a stay from Brewer J,[6] which was however lifted on 24 February 2021.[7] Hum continued to file documents challenging the sealed judgment. Quite properly, it was told by Brewer J that the correct process for reviewing the orders was by appeal to this Court.[8] Hum applied for another stay on 10 March 2021, which was declined by Brewer J.[9] It appears from submissions that Hum applied for yet another stay in March 2021. That also was declined by Edwards J.[10]Application for an extension of time to appeal[8] Hum has now lodged an appeal against the November 2020 decision four months (or 66 working days) out of time.[11] It applies for an extension of time to appeal. This judgment deals only with that application.[9] Rule 29A of the Court of Appeal (Civil) Rules 2005 provides:29A Extension of time for appealing(1) If the appeal period prescribed by an enactment or the period prescribed by rule 29(1) or (2) has expired, a party who wishes to appeal may make an interlocutory application for an extension of time in which to appeal....(3) If the Court or a Judge grants an extension of time, the party wishing to appeal must bring the appeal—(a) within the time specified by the Court or the Judge when granting the extension; or(b) if no time is specified by the Court or Judge, within 20 working days after the day of the decision granting the extension of time.[10] The application of r 29A is governed by Almond v Read.[12] In deciding whether to grant an extension of time, the ultimate question when considering the exercise of the discretion to extend time is what the interests of justice require. Relevant factors include the length of the delay, the reasons for the delay, the conduct of the parties, particularly of the applicant, any prejudice or hardship to the respondent or to others with a legitimate interest in the outcome, the significance of the issues raised by the proposed appeal, both to the parties and more generally, and whether the appeal lacks merit or is “clearly hopeless”.[13]Length and reasons for delay[11] Hum says that it was unrepresented at the time the High Court decision was issued due to its previous counsel being appointed to the bench, and its director (a Ms Armitage) did not appreciate the significance of the timeframes for an appeal at the time the decision was issued. It was not until after the time period for bringing an appeal had passed that Hum properly appreciated the implications of the decision.[12] We are unpersuaded by these contentions. Hum had competent counsel when it applied for the stay in December 2020, and again for the stay on 15 March 2021. To say that counsel “were acting only on the stay”, as Ms Armitage does in her affidavit in support, evades the issue. It is inconceivable these counsel did not advise about the more regular course of appeal. It may be noted Ms Armitage does not go so far as to lay that accusation of incompetence in her affidavit. The parties have litigated in this Court previously, in 2015.[14] This is a very long-running dispute.[13] Hum’s explanation is wordy, but entirely unsatisfactory. We do not accept that it failed to appreciate the need to bring any appeal very promptly. For reasons known only to Ms Armitage, it failed to do so. If that were the only obstacle lying in the way of the application, it might not be fatal, given the period of delay is neither short nor long. But there are other problems.Conduct and prejudice[14] Hum having defaulted in payment of order (a),[15] the lease was cancelled in accordance with the terms of the judgment of 11 November 2020. Stylo has since expended cost in obtaining a possession order in March 2021 and in attempting without success to enforce it. That prejudice can however be met by orders for costs should the appeal be dismissed in due course.[15] Stylo submits that arrears, interest and costs now outstanding amount to some $92,925.24, based on Hum’s own calculations. It may be noted that there is no undertaking, effective or otherwise, to make such amounts good as a condition of extension of time. That is a fundamental obstacle lying in the way of the present application.[16] We note however that the tenant has expended substantial sums in repairs and maintenance of the property, in accordance with the renovation obligation referred to at [1] above. Ms Armitage says, with no great precision, that Hum has spent “approximately $650,000 in restoring the villa to its former self”. Stylo says the evidence of a court-appointed expert puts the actual expenditure at less than $300,000.[17] There is no relevant disentitling conduct on the respondent’s part evident to us.Issues and merits[18] Hum’s proposed grounds of appeal are, first, that the Judge was not referred to an earlier version of the lease, which was relevant to the interpretation of the rent review provisions of the lease at issue in the proceeding. Secondly, that the Judge did not have jurisdiction to order that the lease be automatically cancelled if Hum failed to meet any future payment. Thirdly, that the Judge erred in finding that GST was payable on the rent under the lease.[19] The probative force of the first point, even if admissible at this juncture, is obscure. We think Mr Parmenter is right on the second point: Brewer J’s orders granted relief against cancellation conditionally under s 256 of the Property Law Act 2007. The condition failing, the cancellation was confirmed. No further hearing was required. The GST point was not taken before Brewer J, as it should have been: a tenant must muster its whole argument in defending default; it cannot make its contest by degrees. The terms of the Judge’s order (a) above at [3] are clear: GST is payable in addition to the $120,000 rent. These grounds, individually and collectively, are not strong. However, we do not assess them as being clearly hopeless.Conclusion[20] But for delay, Hum would be entitled as of right to mount this appeal, provided it paid the requisite security for costs. The interests of justice favour grant of extension in such a case unless there is substantial prejudice or the appeal is clearly hopeless. Neither is really the case here.[21] In this case stays have been sought and (except for a brief period) denied. Stylo holds an unstayed judgment entitling cancellation. Hum cannot use an indulgence by this Court to allow it to institute its appeal out of time as a basis for a de facto stay. We will grant the present application, but on terms to ensure that does not occur.Result[22] The application for extension of time to appeal is granted, subject to the following conditions: (a) Hum is to make payment to Stylo of the arrears sum of $92,925.24 within fourteen days; and (b) Hum is to prosecute its appeal with expedition; the appeal must be instituted within fourteen days and will then be placed on the fast track.[23] We make no order for costs.---------------------------------------------------------------[1] Stylo Medical Services Ltd v Hum Hospitality Ltd [2020] NZHC 2969 at [43]–[44].[2] At [44]–[45].[3]

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At [48].[4] Stylo Medical Services Ltd v Hum Hospitality Ltd HC Auckland CIV-2019-404-365, 11 December 2020.[5] Stylo Medical Services Ltd v Hum Hospitality Ltd HC Auckland CIV-2019-404-365, 11 February 2021.[6] Stylo Medical Services Ltd v Hum Hospitality Ltd HC Auckland CIV-2019-404-365, 12 February 2021.[7] Stylo Medical Services Ltd v Hum Hospitality Ltd HC Auckland CIV-2019-404-365, 24 February 2021.[8] Stylo Medical Services Ltd v Hum Hospitality Ltd HC Auckland CIV-2019-404-365, 9 March 2021.[9] Stylo Medical Services Ltd v Hum Hospitality Ltd HC Auckland CIV-2019-404-365, 11 March 2021.[10] Stylo Medical Services Ltd v Hum Hospitality Ltd HC Auckland CIV-2019-404-365, 15 March 2021.[11] Filed on 6 April 2021.[12] Almond v Read [2017] NZSC 80, [2017] 1 NZLR 801.[13] At [38]–[39]. See also Sharma v Wati [2021] NZCA 220; and Kleine v Il Forno Ltd [2021] NZCA 207.[14] Stylo Medical Services Ltd v Hum Hospitality Ltd [2015] NZCA 405.[15] See [3] above.
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