Application of Jeffrey Ian Steer [2000] NSWSC 863

Application of Jeffrey Ian Steer [2000] NSWSC 863

The evidence established breaches of the lease, particularly that the premises had not been open for trading during normal business hours from 19 June 2000 and had not recommenced trading after service of notice on 27 June 2000, and the cross-claimants were also entitled to rely on the applicant's evidence concerning drug trading at the premises. Those matters justified a declaration that the lessors were entitled to re-enter, but it was not appropriate to make a pre-emptive declaration excluding any future application for relief from forfeiture under s 129(2).

Jurisdiction
Australia
Judgment Date
05 July 2000
Procedural Posture
Application Under S 3(1) of the Disorderly Houses Act 1943 and Cross Claim for Declaration of Entitlement to Re Enter Leased Premises / Judgment on Cross Claim; Application Stood Over
Outcome
Declaration granted for the cross-claimants; pre-emptive relief from forfeiture declaration not granted; application stood over.
Legal Topics
['disorderly House Declaration' 'illegal Drug Supply From Premises' 'lease Covenants' 'forfeiture and Re Entry' 'relief From Forfeiture' 'service of Cross Claim' 'indemnity Costs']
['property Law' 'leasing' 'civil Procedure' 'criminal Law'] ['disorderly House Declaration' 'illegal Drug Supply From Premises' 'lease Covenants' 'forfeiture and Re Entry' 'relief From Forfeiture' 'service of Cross Claim' 'indemnity Costs']

Case Brief

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Procedural Posture

Application Under S 3(1) of the Disorderly Houses Act 1943 and Cross Claim for Declaration of Entitlement to Re Enter Leased Premises / Judgment on Cross Claim; Application Stood Over

Legal Issues

  1. 1 ['Whether the cross-claimants as lessors were entitled to re-enter 9A Roslyn Street, Kings Cross for breach of lease covenants.' 'Whether notices under s 129(1) of the Conveyancing Act 1919 had been served or were required before re-entry could be enforced.' 'Whether the Court should make a pre-emptive declaration that the cross-defendant was not entitled to relief from forfeiture under s 129(2) of the Conveyancing Act.' "Whether the applicant's disorderly-house application should be adjourned if the lessors were granted a declaration permitting re-entry."]

Ratio Decidendi

The evidence established breaches of the lease, particularly that the premises had not been open for trading during normal business hours from 19 June 2000 and had not recommenced trading after service of notice on 27 June 2000, and the cross-claimants were also entitled to rely on the applicant's evidence concerning drug trading at the premises. Those matters justified a declaration that the lessors were entitled to re-enter, but it was not appropriate to make a pre-emptive declaration excluding any future application for relief from forfeiture under s 129(2).

Court Disposition

Declaration granted for the cross-claimants; pre-emptive relief from forfeiture declaration not granted; application stood over.

Orders

  • ['Declaration that the cross-claimants as lessors under the lease dated 11 April 2000 between the cross-claimants as lessors and the cross-defendant as lessee are entitled to re-enter premises known as 9A Roslyn Street, Kings Cross.' 'Leave granted retrospectively for service of the cross-claim to be effected upon...