Makary v Hamdan; Hamdan v Makary [2019] NSWSC 460

Makary v Hamdan; Hamdan v Makary [2019] NSWSC 460

No promise or assurance for a five year lease with a five year option was made by the plaintiff to the defendant. The defendant occupied under a tenancy at will, which was validly terminated. Judgment for possession entered in favour of the plaintiff.

Parties
First Plaintiff/cross Defendant: Colin Makary; Second Plaintiff: Makary Investments Pty Ltd; Defendant/first Cross Claimant: Bilal Hamdan; Second Cross Claimant: Gas Point Guildford Pty Ltd
Jurisdiction
Australia
Judgment Date
26 April 2019
Procedural Posture
Equity Proceeding / Final Judgment
Outcome
Judgment for possession entered against the defendant in favour of the plaintiff. Estoppel claim dismissed.
Legal Topics
Equitable Estoppel, Proprietary Estoppel, Leases, Tenancy at Will, Periodic Tenancy, Possession, Specific Performance
Equity Land Law Equitable Estoppel Proprietary Estoppel Leases Tenancy at Will Periodic Tenancy Possession +1 more

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Parties

Colin Makary

First Plaintiff/cross Defendant

Makary Investments Pty Ltd

Second Plaintiff

Bilal Hamdan

Defendant/first Cross Claimant

Gas Point Guildford Pty Ltd

Second Cross Claimant

Procedural Posture

Equity Proceeding / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff assured the defendant that a further five year lease with a five year option would be granted if renovation works to the property were undertaken
  2. 2 Whether defendant occupied property under a tenancy at will or a periodic tenancy
  3. 3 Whether the estoppel claim based on the alleged assurance should succeed

Ratio Decidendi

No promise or assurance for a five year lease with a five year option was made by the plaintiff to the defendant. The defendant occupied under a tenancy at will, which was validly terminated. Judgment for possession entered in favour of the plaintiff.

Court Disposition

Judgment for possession entered against the defendant in favour of the plaintiff. Estoppel claim dismissed.

Orders

  • Writ of possession to issue but not to be executed for 28 days.
  • Mr Hamdan and Gas Point Guildford Pty Ltd to pay 80% of the costs of Mr Makary and Makary Investments Pty Ltd.