Bayview Hotel Batemans Pty Ltd & Anor v Enima Pty Ltd [2013] NSWSC 221

Bayview Hotel Batemans Pty Ltd & Anor v Enima Pty Ltd [2013] NSWSC 221

The term 'Licence' as defined in the lease is confined to licences under the Liquor Act authorising the sale of liquor. It does not extend to gaming machine entitlements (GMEs) created by subsequent legislation. Thus, the lease does not prevent the plaintiffs from dealing with the GMEs without the defendant's consent.

Jurisdiction
Australia
Judgment Date
25 March 2013
Procedural Posture
Principal Judgment / Final Judgment at First Instance
Outcome
Declaration granted to plaintiff; cross-claim dismissed; costs to plaintiffs subject to further submissions if required.
Legal Topics
['construction of Lease Terms' 'licensing' 'gaming Machine Entitlements' 'implied Terms' 'declaratory Relief']
['property Law' 'contract Law' 'leasing'] ['construction of Lease Terms' 'licensing' 'gaming Machine Entitlements' 'implied Terms' 'declaratory Relief']

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Procedural Posture

Principal Judgment / Final Judgment at First Instance

Legal Issues

  1. 1 ["Whether the definition of 'Licence' in the lease includes gaming machine entitlements (GMEs) allocated under the Gaming Machines Act 2001" "Whether the lessee is entitled to deal with GMEs without the lessor's consent" 'Whether any term should be implied or there is an estoppel restricting the lessee from dealing with the GMEs']

Ratio Decidendi

The term 'Licence' as defined in the lease is confined to licences under the Liquor Act authorising the sale of liquor. It does not extend to gaming machine entitlements (GMEs) created by subsequent legislation. Thus, the lease does not prevent the plaintiffs from dealing with the GMEs without the defendant's consent.

Court Disposition

Declaration granted to plaintiff; cross-claim dismissed; costs to plaintiffs subject to further submissions if required.

Orders

  • ["Declaration that plaintiffs are entitled to deal with GMEs without the defendant's consent" 'Cross-claim dismissed' "Defendant to pay plaintiffs' costs unless otherwise ordered after further submissions" 'Plaintiffs to bring in short minutes to give effect to these conclusions']