Richard Pike v Mangrove District Services Pty Limited & Anor [2000] NSWSC 914

Richard Pike v Mangrove District Services Pty Limited & Anor [2000] NSWSC 914

Mangrove failed to pay rent after the first payment and, by its non-payment and MacPherson's notification that the lease paperwork was invalid and illegal, abandoned and surrendered the lease from November 1998, so no leasehold interest vested in ASIC on deregistration. The Court rejected MacPherson's evidence of alleged later agreements for a lease and found she had no entitlement to occupy. She remained as a trespasser, making the plaintiff entitled to possession and compensation at $500 per week from 1 November 1998, subject to the payments already made under Master Malpass's orders.

Jurisdiction
Australia
Judgment Date
15 September 2000
Procedural Posture
Application for Possession of Leased Premises With Trespass Claim and Cross Claim / Final Judgment After Hearing
Outcome
Order for possession; judgment for the plaintiff against the second defendant for money and continuing weekly payments; costs awarded to the plaintiff from 1 November 1998.
Legal Topics
['possession of Premises' 'non Payment of Rent' 'deregistered Company' 'vesting of Company Property in Asic' 'trespass by Occupier' 'relief Against Forfeiture' 'specific Performance' 'estoppel']
['leases' 'property Law' 'corporations Law' 'equity'] ['possession of Premises' 'non Payment of Rent' 'deregistered Company' 'vesting of Company Property in Asic' 'trespass by Occupier' 'relief Against Forfeiture' 'specific Performance' 'estoppel']

Case Brief

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Procedural Posture

Application for Possession of Leased Premises With Trespass Claim and Cross Claim / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether the plaintiff was entitled to possession of 49 and 51 Albion Street, Harris Park after Mangrove failed to pay rent under the lease.' "Whether Mangrove's deregistration caused any leasehold interest to vest in ASIC under the Corporations Law." 'Whether MacPherson had an independent right to occupy the premises under an alleged agreement for a lease, estoppel, trust or beneficial interest.' 'Whether MacPherson was entitled to relief against forfeiture.' 'Whether the plaintiff was entitled to recover weekly compensation from MacPherson for occupation of the premises.']

Ratio Decidendi

Mangrove failed to pay rent after the first payment and, by its non-payment and MacPherson's notification that the lease paperwork was invalid and illegal, abandoned and surrendered the lease from November 1998, so no leasehold interest vested in ASIC on deregistration. The Court rejected MacPherson's evidence of alleged later agreements for a lease and found she had no entitlement to occupy. She remained as a trespasser, making the plaintiff entitled to possession and compensation at $500 per week from 1 November 1998, subject to the payments already made under Master Malpass's orders.

Court Disposition

Order for possession; judgment for the plaintiff against the second defendant for money and continuing weekly payments; costs awarded to the plaintiff from 1 November 1998.

Orders

  • ['Judgment for the plaintiff for possession of the premises.' 'Leave granted to issue a writ of possession forthwith.' 'Judgment for the plaintiff in the amount of $37,245 and $500 per week until the Writ is executed or the premises are vacated, whichever first occurs.' "The second defendant is to pay the...