Botany Pub Pty Ltd v A&P Atra Pty Ltd [2017] NSWSC 335

Botany Pub Pty Ltd v A&P Atra Pty Ltd [2017] NSWSC 335

The lease was terminated automatically and consensually pursuant to the settlement agreement when the plaintiff failed to pay the specified amounts; the plaintiff's claim for relief against forfeiture was unmeritorious, not supported by evidence, and not deserving of equitable discretion. The defendant was entitled to damages for losses incurred due to termination and non-payment.

Parties
Plaintiff: Botany Pub Pty Ltd; Defendant: A&P Atra Pty Ltd
Jurisdiction
Australia
Judgment Date
30 March 2017
Procedural Posture
Principal Judgment / Final Orders
Outcome
plaintiff's claim dismissed; judgment for defendant on cross-claim with substantial damages awarded
Legal Topics
Relief Against Forfeiture, Discretionary Considerations, Practice and Procedure, Cross Claim, Judgment Against Absent Plaintiff
Equity Relief Against Forfeiture Discretionary Considerations Practice and Procedure Cross Claim Judgment Against Absent Plaintiff

Case Brief

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Parties

Botany Pub Pty Ltd

Plaintiff

A&P Atra Pty Ltd

Defendant

Procedural Posture

Principal Judgment / Final Orders

Legal Issues

  1. 1 whether the plaintiff is entitled to relief against forfeiture of the lease
  2. 2 whether the lease was properly terminated
  3. 3 whether damages claimed by the defendant are recoverable

Ratio Decidendi

The lease was terminated automatically and consensually pursuant to the settlement agreement when the plaintiff failed to pay the specified amounts; the plaintiff's claim for relief against forfeiture was unmeritorious, not supported by evidence, and not deserving of equitable discretion. The defendant was entitled to damages for losses incurred due to termination and non-payment.

Court Disposition

plaintiff's claim dismissed; judgment for defendant on cross-claim with substantial damages awarded

Orders

  • I dismiss the summons and order the plaintiff to pay the defendant's costs.
  • On the cross-claim I make the declarations sought out in prayers 1, 2 and 3.