Paihia’s Countdown landlord has taken possession of the premises along with all the stock.
Staff were locked out of the supermarket when they arrived for work.
Ian Blakeman told NBR ONLINE this afternoon he had moved quickly to secure a court order under the terms of the sub lease in case Countdown sought an injunction after failed talks.
He says he already sold the sub lease, pending settlement, to a rival supermarket operator.
Mr Blakeman’s family trust owns the head lease from Maori interests and Countdown had a sub lease expiring August 1, 2014.
The head lease to Mr Blakeman’s trust is due itself to come up for surrender or renewal at the end of the year when it may offer to acquire the freehold of the land or renew the lease.
Countdown claimed it is entitled to a right of first refusal on a new sub lease or a new lease if the trust buys the land.
It relies on a clause in the sub lease to exercise those rights.
But associate judge Warwick Smith ruled Countdown had no such rights.
He also awarded the family trust costs.
Chris Hutching for NBR Food Industry Week
Fri, 12 Sep 2014
Fri, 12 Sep 2014
© All content copyright NBR. Do not reproduce in any form without permission, even if you have a paid subscription.
Paihia supermarket land owner takes possession of premises and stock
41330