Petrovski v Port Properties Pty Limited and Anor [2002] NSWSC 976

Petrovski v Port Properties Pty Limited and Anor [2002] NSWSC 976

The Group 1 share entitlement was determined by the premises occupied by F.T.J. Campbell Pty Limited in 1960. The evidence of occupation showed that the pastry shop occupied the area including the disputed 8 sq m, while the area formerly known as 'the library' excluded it. The plaintiff, as holder of the Group 1 shares, was therefore entitled to occupy the shop area marked 'PIZZA' and the disputed 8 sq m. An inquiry as to damages was refused because the plaintiff led no evidence of damage or of circumstances indicating a probability of damage.

Jurisdiction
Australia
Judgment Date
23 October 2002
Procedural Posture
Claim for Declarations Concerning the Right to Occupy an Area of Company Owned Premises Under Articles of Association, and for an Inquiry as to Damages / Final Judgment and Orders
Outcome
Orders 1 and 2 in the summons made; no order made for an inquiry as to damages; costs submissions to be heard.
Legal Topics
['articles of Association' "shareholders' Occupation Rights" 'declarations' 'inquiry as to Damages']
['companies' 'equity' 'property' 'damages'] ['articles of Association' "shareholders' Occupation Rights" 'declarations' 'inquiry as to Damages']

Case Brief

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Procedural Posture

Claim for Declarations Concerning the Right to Occupy an Area of Company Owned Premises Under Articles of Association, and for an Inquiry as to Damages / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the holder of Group 1 shares numbered 1-6650 or the holder of Group 4 shares numbered 11,601-13,100 had the right to occupy the disputed 8 sq m area at the back of 81-83 Wentworth Street, Port Kembla.' "Whether the Court should order an inquiry into damages for the second defendant's wrongful occupation of the disputed area."]

Ratio Decidendi

The Group 1 share entitlement was determined by the premises occupied by F.T.J. Campbell Pty Limited in 1960. The evidence of occupation showed that the pastry shop occupied the area including the disputed 8 sq m, while the area formerly known as 'the library' excluded it. The plaintiff, as holder of the Group 1 shares, was therefore entitled to occupy the shop area marked 'PIZZA' and the disputed 8 sq m. An inquiry as to damages was refused because the plaintiff led no evidence of damage or of circumstances indicating a probability of damage.

Court Disposition

Orders 1 and 2 in the summons made; no order made for an inquiry as to damages; costs submissions to be heard.

Orders

  • ['Orders 1 and 2 in the summons are made.' 'The Court will hear submissions as to costs at a time convenient to all parties.']