Ex-cinema operator must pay

The former owner of Oamaru's movie theatre has disputed claims she moved to Australia to avoid paying rent.

The High Court has ordered Jennifer Ann Wall to pay $101,000 to her former Limelight Cinema landlord and prevented her from selling a house in Oamaru until the debt is settled.

Crown Park Commercial Ltd went to the High Court seeking an interim charging order over Wall's residential property and an order for substituted service.

In a decision dated March 5, Associate Judge Dale Lester found Wall had attempted to ''defeat Crown Park's claim by selling up in New Zealand and moving to Australia''.

Wall told the Otago Daily Times she fell seriously ill on October 14 and left the country because she was unable to look after herself.

''There was a medical condition that has left me permanently impaired,'' she said.

''The family [in Australia] felt it was better for me to come back where the family was, assisting my recovery.

''If I had been able to work, I would have continued to be running the cinema and we would still be operational, but I cannot.''

Wall is the sole director and 76% shareholder of Limelight 2012 Ltd, which had the lease on the town's only movie theatre since 2012.

It shut in October last year and in January Spivey Real Estate listed the business for sale, including up-to-date equipment, for $450,000 plus GST.

On February 14, the lease was cancelled and Crown Park Commercial Ltd claimed Wall owed $88,014.38 in ''unpaid rental and outgoings''.

In his affidavit, Crown Park director Gerard Auckram said he had spoken to Wall's brother, who lived in Australia, but he had ''refused to provide him with Ms Wall's address, or allow him to speak to Ms Wall''.

The judge said he was satisfied an order for substituted service was appropriate and granted the issuing of the charging order.

''The circumstances in which the tenancy was abandoned without the requisite notice being given, the removal of the fixtures and fittings from the property again without notice to Crown Park and Ms Wall leaving the country without providing any forward address, withholding a new address, not changing her address details on the Companies Office [register] when it appears she is in Australia, all point to Ms Wall wanting to defeat Crown Park's claim by selling up in New Zealand and moving to Australia.''

He directed all rent to be paid by Wall without any deductions or set-off by direct payment to Crown Park.

Wall accepted that she had been unable to pay rent after the cinema closed its doors in October, but disputed claims she had not been contactable.

''The court has made their order, I can't dispute that now, but all I can say is there was a proportion of rent and rates and other disbursements and a very large proportion of legal costs involved in the amount that's outstanding,'' she said.

She said she was ''absolutely gutted'' she was unable to sell the business, leaving Oamaru without a movie theatre, and had to leave the North Otago town.

''I loved that job. I'm nearly 60 years old and it's probably ... the best job I've ever had,'' she said.

-Additionally reported by Rebecca Ryan