711 Hogben Pty Ltd v Anthony Tadros – Relief Against Forfeiture and Costs [2022] NSWSC 1653

711 Hogben Pty Ltd v Anthony Tadros – Relief Against Forfeiture and Costs [2022] NSWSC 1653

Relief against forfeiture should be granted as the tenants' breach was caused by the landlord's prior breach, tenants now have a damages verdict equivalent to about two years’ rent, and no sufficient basis exists to refuse relief for inability to pay future rent or for delay in obtaining approvals. The application for relief is part of a wider contest, and the tenants, as successful parties, are entitled to their costs.

Jurisdiction
Australia
Judgment Date
05 December 2022
Procedural Posture
Equity Commercial List / Application for Relief Against Forfeiture and Determination of Costs Following Earlier Damages Judgment
Outcome
Relief against forfeiture granted; tenants awarded their costs of the application and proceedings not previously dealt with.
Legal Topics
['relief Against Forfeiture' 'costs in Equity Proceedings' 'lease Termination' 'non Payment of Rent']
['equity' 'landlord and Tenant'] ['relief Against Forfeiture' 'costs in Equity Proceedings' 'lease Termination' 'non Payment of Rent']

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Procedural Posture

Equity Commercial List / Application for Relief Against Forfeiture and Determination of Costs Following Earlier Damages Judgment

Legal Issues

  1. 1 ['Whether tenants should be granted relief against forfeiture of the lease after termination for non-payment of rent' 'Whether relief should be refused on the basis that tenants may be unable to pay future rent or have delayed in obtaining necessary approvals' 'Entitlement to costs after success in obtaining relief against forfeiture']

Ratio Decidendi

Relief against forfeiture should be granted as the tenants' breach was caused by the landlord's prior breach, tenants now have a damages verdict equivalent to about two years’ rent, and no sufficient basis exists to refuse relief for inability to pay future rent or for delay in obtaining approvals. The application for relief is part of a wider contest, and the tenants, as successful parties, are entitled to their costs.

Court Disposition

Relief against forfeiture granted; tenants awarded their costs of the application and proceedings not previously dealt with.

Orders

  • ['Declaration that the Second and Third Cross-Claimants are entitled to relief against forfeiture of the equitable lease created by the Deed of Agreement for Lease entered on or about 11 April 2014.' 'Within 7 days, the Third Cross-Defendant and the Second and Third Cross-Claimants to enter into a lease for Levels 1...