Roads & Maritime Services v Young [2019] NSWSC 1014

Roads & Maritime Services v Young [2019] NSWSC 1014

The plaintiff proved the registered lease, the defendant's non-payment of rent since 1 July 2012, demand for rent, service of the notice of termination on 9 January 2018, and compliance with r 13.1. The defendant's amended defence and the material tendered disclosed no arguable defence to possession, arrears of rent or an occupation fee. The lease was therefore at an end from 9 January 2018 and the plaintiff was entitled to summary judgment.

Jurisdiction
Australia
Judgment Date
13 August 2019
Procedural Posture
Application for Summary Judgment for Possession of Land, Unpaid Rent and Unlawful Occupation Fee / Notice of Motion for Summary Judgment Under R 13.1 of the Uniform Civil Procedure Rules
Outcome
Summary judgment for the plaintiff for possession of land, unpaid rent and an unlawful occupation fee.
Legal Topics
['summary Judgment' 'no Reasonable Defence Disclosed' 'possession of Land' 'lease Termination for Non Payment of Rent' 'unpaid Rent' 'unlawful Occupation Fee']
['civil Procedure' 'property Law' 'landlord and Tenant'] ['summary Judgment' 'no Reasonable Defence Disclosed' 'possession of Land' 'lease Termination for Non Payment of Rent' 'unpaid Rent' 'unlawful Occupation Fee']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Summary Judgment for Possession of Land, Unpaid Rent and Unlawful Occupation Fee / Notice of Motion for Summary Judgment Under R 13.1 of the Uniform Civil Procedure Rules

Legal Issues

  1. 1 ['Whether the plaintiff satisfied the requirements for summary judgment under r 13.1 of the Uniform Civil Procedure Rules.' "Whether the defendant's amended defence or evidence disclosed any arguable defence to the plaintiff's claims for possession, unpaid rent and an unlawful occupation fee." 'Whether the lease had been validly terminated for non-payment of rent.']

Ratio Decidendi

The plaintiff proved the registered lease, the defendant's non-payment of rent since 1 July 2012, demand for rent, service of the notice of termination on 9 January 2018, and compliance with r 13.1. The defendant's amended defence and the material tendered disclosed no arguable defence to possession, arrears of rent or an occupation fee. The lease was therefore at an end from 9 January 2018 and the plaintiff was entitled to summary judgment.

Court Disposition

Summary judgment for the plaintiff for possession of land, unpaid rent and an unlawful occupation fee.

Orders

  • ['Judgment for the plaintiff for possession of the leased area.' 'Leave granted to issue a writ of possession forthwith.' 'Judgment for the plaintiff for additional unpaid rent from 1 July 2012 to 9 January 2018.' "Judgment for the plaintiff for an occupation fee in respect of the defendant's continuing possession...