Smart Dollars Tamworth Pty Ltd v Corpique No. 18 Pty Ltd [2023] NSWSC 936

Smart Dollars Tamworth Pty Ltd v Corpique No. 18 Pty Ltd [2023] NSWSC 936

After considerable delay, the lessee consented on 12 May 2023 to a detailed process to engage Waycott to perform the Scope of Works but did not take the steps to which it had consented. In those circumstances, and against the background of alleged breaches of the earlier undertakings, the lessor was entitled to interim relief enabling it to resume possession of the motel.

Jurisdiction
Australia
Judgment Date
09 August 2023
Procedural Posture
Equity Real Property List; Leases and Tenancies; Relief Against Forfeiture / Notice of Motion for Interim Relief; Procedural Ruling
Outcome
Lessor's Notice of Motion granted; order 3 made on 23 July 2021 vacated and the first cross-defendant required to permit the cross-claimant to re-enter possession of the Motel.
Legal Topics
['default and Termination' 'relief Against Forfeiture' 'breach of Undertakings' 'repossession by Lessor']
['leases and Tenancies' 'real Property' 'equity'] ['default and Termination' 'relief Against Forfeiture' 'breach of Undertakings' 'repossession by Lessor']

Case Brief

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Procedural Posture

Equity Real Property List; Leases and Tenancies; Relief Against Forfeiture / Notice of Motion for Interim Relief; Procedural Ruling

Legal Issues

  1. 1 ['Whether the lessee breached undertakings on which it had been allowed to re-enter possession of the motel.' "Whether, in light of the lessee's failure to engage Waycott to perform the Scope of Works as consented to on 12 May 2023, the lessor was entitled to interim relief enabling it to resume possession of the premises."]

Ratio Decidendi

After considerable delay, the lessee consented on 12 May 2023 to a detailed process to engage Waycott to perform the Scope of Works but did not take the steps to which it had consented. In those circumstances, and against the background of alleged breaches of the earlier undertakings, the lessor was entitled to interim relief enabling it to resume possession of the motel.

Court Disposition

Lessor's Notice of Motion granted; order 3 made on 23 July 2021 vacated and the first cross-defendant required to permit the cross-claimant to re-enter possession of the Motel.

Orders

  • ['Vacate order 3 made on 23 July 2021.' 'The first cross-defendant permit the cross-claimant to re-enter possession of the Motel.' "The Plaintiff pay the Defendant's costs of the Defendant's motion of 28 July 2023."]