Yarraburn Nominees & Anor v Alliance Engineering Pty Ltd & Ors [2010] NSWSC 1081

Yarraburn Nominees & Anor v Alliance Engineering Pty Ltd & Ors [2010] NSWSC 1081

Alliance was contractually obliged under the lease not to transfer poker machine entitlements (PMEs) without the lessor Yarraburn's consent, as clauses 4.10 and 4.11 of the lease applied to PMEs; Alliance entitled to value of items on 2003 Inventory (other than those excepted) rather than required to replenish same; Yarraburn committed conversion by denying Alliance's right to possession of those items; no order as to costs due to divided success on issues.

Jurisdiction
Australia
Judgment Date
23 September 2010
Procedural Posture
Principal Judgment / Final Hearing Judgment
Outcome
Parties to bring in short minutes of order consistent with the judgment; no order as to costs.
Legal Topics
['judicial Review' 'natural Justice' 'procedural Fairness' 'duty to Give Notice' 'gaming Machines Act' 'transfer of Poker Machine Entitlements' 'lease Interest in Entitlements' 'detinue' 'conversion' 'make Good Obligations Under Lease']
['administrative Law' 'torts' 'property Law'] ['judicial Review' 'natural Justice' 'procedural Fairness' 'duty to Give Notice' 'gaming Machines Act' 'transfer of Poker Machine Entitlements' 'lease Interest in Entitlements' 'detinue' 'conversion' 'make Good Obligations Under Lease']

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Procedural Posture

Principal Judgment / Final Hearing Judgment

Legal Issues

  1. 1 ["Whether lessee entitled to transfer poker machine entitlements (PMEs) without lessor's consent" 'Ownership of items listed on 2003 Inventory' 'Obligations under the lease to repair and make good the premises and chattels' 'Whether Authority denied Yarraburn natural justice in permitting PME transfer']

Ratio Decidendi

Alliance was contractually obliged under the lease not to transfer poker machine entitlements (PMEs) without the lessor Yarraburn's consent, as clauses 4.10 and 4.11 of the lease applied to PMEs; Alliance entitled to value of items on 2003 Inventory (other than those excepted) rather than required to replenish same; Yarraburn committed conversion by denying Alliance's right to possession of those items; no order as to costs due to divided success on issues.

Court Disposition

Parties to bring in short minutes of order consistent with the judgment; no order as to costs.

Orders

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