Sugar K Restaurant Pty Ltd v Ambly Holdings Pty Ltd [2014] NSWSC 1732

Sugar K Restaurant Pty Ltd v Ambly Holdings Pty Ltd [2014] NSWSC 1732

Sugar K was not entitled to credit for the $125,000 paid to Hakost when calculating current rental arrears payable to Ambly, as the payment was not passed to Ambly and was a matter between Sugar K and Hakost. To obtain equitable relief, Sugar K must bring rental arrears due to Ambly up to date and make timely payments thereafter.

Jurisdiction
Australia
Judgment Date
25 November 2014
Procedural Posture
Interlocutory Application / Interlocutory/interim Hearing
Outcome
Orders made in favour of Ambly, requiring Sugar K to pay rental arrears and Ambly's costs of the motion.
Legal Topics
['commercial Lease' 'sublease' 'relief Against Forfeiture' 'rental Arrears']
['real Property' 'equity'] ['commercial Lease' 'sublease' 'relief Against Forfeiture' 'rental Arrears']

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Procedural Posture

Interlocutory Application / Interlocutory/interim Hearing

Legal Issues

  1. 1 ['What is required of an equitable sub-tenant pending final hearing of relief against forfeiture application for lease/sublease?' 'Whether payment made by sub-tenant to tenant (but not landlord) should be credited in rental arrears calculation.']

Ratio Decidendi

Sugar K was not entitled to credit for the $125,000 paid to Hakost when calculating current rental arrears payable to Ambly, as the payment was not passed to Ambly and was a matter between Sugar K and Hakost. To obtain equitable relief, Sugar K must bring rental arrears due to Ambly up to date and make timely payments thereafter.

Court Disposition

Orders made in favour of Ambly, requiring Sugar K to pay rental arrears and Ambly's costs of the motion.

Orders

  • ["Orders to the effect of paragraphs 1 and 2 of Ambly Holdings Pty Ltd's Notice of Motion of 13 November 2014 to be made (details to be conferred by parties)." "Sugar K to pay Ambly's costs of motion to date." 'Proceedings stood over before the Equity Registrar on 28 November 2014.']