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Parakoti v Westpac Banking Corpoaration [2007] CKHC 9; Application 504 of 2006 (11 July 2007)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(LAND DIVISION)

APPLICATION NOS. 504/06,553/07

IN THE MATTER of
Section 409B of the Cook Islands Act 1915
(as inserted by Section 2 of the Cook Islands
Amendment Act 1978-79)

AND

IN THE MATTER of
TUTAKIMOA SECTION 14D1, AVARUA

BETWEEN

NOOROA BEN
PARAKOTI of Rarotonga
Applicants

AND

of a Deed of Lease dated 27 May 1980 now vested in
WESTPAC BANKING CORPORATION
Respondents

Mr Little for Mr Parakoti
Mrs Browne for Westpac Banking Corporation

DECISION OF SMITH J

[1] The Court has now had an opportunity to peruse the submissions made on behalf of the applicant lessee and counsel for the owners. The land concerned comprises 38 perches (approximately 900 square metres) and is leased to Westpac Banking Corporation, and is the rear portion of the Bank building. It has no road frontage but is served by a right of way between Foodland and the Bank building.

{2] The current rental is $3600 per annum which counsel for the lessee says appears to be too great having regard to the rental being paid for 2333 square metres immediately behind Vonnias store, $1,000 per annum.

[3] The lessee has however offered to pay the sum of $4,000 per annum.

[4] Mr Little, counsel for the owners, rejects the offer and suggests a rental of $4500 per annum . Counsel supports this contention by reference to various other properties within the area, in particular Tutakimoa section 14B comprising 809 square metres, the rental for which was fixed in 2005 at $4200 per annum.

[5] It is understood that this is Vonnias store situate upon the main road.

[6] A more precise comparison would have been the portion of the rear of Vonnias referred to by counsel for the applicant since that when compared with the front shop clearly shows the disadvantages accruing to the absence of road frontage.

[7] The Court therefore accepts the submission from the counsel for the lessee and fixes the current initial rental payable from the 1st April 2004 at $4000 per annum.

Dated this 11th day of July 2007.

N F Smith J