Dinh v Nguyen & Ors [2003] NSWADT 264

Dinh v Nguyen & Ors [2003] NSWADT 264

On evidence, the Applicant established payment of $40,000.00 and was entitled to possession; the Respondent was not entitled to withhold consent to assignment or retake possession. Applicant remains liable for balance of $50,000.00 and $500.00 per month vendor finance payments.

Jurisdiction
Australia
Judgment Date
16 December 2003
Procedural Posture
Application Retail Tenancy/lease Dispute / Principal Matter Decision After Hearing and Interim Orders
Outcome
Interim orders for possession and payment of rent continue; liberty to apply for further hearing on final orders and costs.
Legal Topics
['assignment of Lease' 'surrender of Possession' 'breach of Sale of Business Contract' 'payment of Rent' 'consent to Assignment' 'vendor Finance' 'costs']
['retail Tenancy Law'] ['assignment of Lease' 'surrender of Possession' 'breach of Sale of Business Contract' 'payment of Rent' 'consent to Assignment' 'vendor Finance' 'costs']

Case Brief

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Procedural Posture

Application Retail Tenancy/lease Dispute / Principal Matter Decision After Hearing and Interim Orders

Legal Issues

  1. 1 ['Whether the Applicant is entitled to possession of the premises' 'Whether the Respondent is entitled to withhold consent to an assignment of lease' 'Whether there is an ongoing obligation to pay vendor finance and interest' 'Whether the Respondent or any mortgagee is entitled to retake possession']

Ratio Decidendi

On evidence, the Applicant established payment of $40,000.00 and was entitled to possession; the Respondent was not entitled to withhold consent to assignment or retake possession. Applicant remains liable for balance of $50,000.00 and $500.00 per month vendor finance payments.

Court Disposition

Interim orders for possession and payment of rent continue; liberty to apply for further hearing on final orders and costs.

Orders

  • ['Previous orders in relation to possession, payment of rent etc, continue.' 'Parties have liberty to apply to Registrar for a further hearing to make submissions on final orders and costs.']