Global College Pty Ltd v Sooncorp Holdings Pty Ltd [2008] NSWSC 750

Global College Pty Ltd v Sooncorp Holdings Pty Ltd [2008] NSWSC 750

Because assignment is an incident of a lease and the plaintiffs had done all they could to satisfy the procedural provisions of the lease in circumstances where the landlord was content with the proposed assignment but had become uncontactable, the proper course was not declarations or injunctions compelling consent. The lease having been assigned, the court noted a valid assignment from the first plaintiff to the second plaintiff.

Jurisdiction
Australia
Judgment Date
18 July 2008
Procedural Posture
Application Concerning Assignment of Lease / Ex Tempore Judgment
Outcome
The court noted a valid assignment of the lease from the first plaintiff to the second plaintiff, made consequential orders, and reserved further consideration.
Legal Topics
['covenants Restricting Assignment of Leases' 'consent to Assignment' 'forfeiture' 'relief Against Forfeiture']
['landlord and Tenant' 'equity'] ['covenants Restricting Assignment of Leases' 'consent to Assignment' 'forfeiture' 'relief Against Forfeiture']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Concerning Assignment of Lease / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the landlord was bound to give consent to assignment of the lease from the first plaintiff to the second plaintiff.' 'Whether the court should grant declarations or mandatory orders requiring the landlord to consent to the assignment.' 'Whether the assignment of the lease was valid where the landlord was uncontactable and the plaintiffs had done what they could to satisfy the lease procedures.']

Ratio Decidendi

Because assignment is an incident of a lease and the plaintiffs had done all they could to satisfy the procedural provisions of the lease in circumstances where the landlord was content with the proposed assignment but had become uncontactable, the proper course was not declarations or injunctions compelling consent. The lease having been assigned, the court noted a valid assignment from the first plaintiff to the second plaintiff.

Court Disposition

The court noted a valid assignment of the lease from the first plaintiff to the second plaintiff, made consequential orders, and reserved further consideration.

Orders

  • ['Note that there has been a valid assignment of the lease of Level 4, Manning Building, 451 Pitt Street, Sydney from the first plaintiff to the second plaintiff.' 'Orders 7, 8 and 9 in the summons made.' 'Further consideration reserved.' 'Costs to date to be paid by the defendant.' 'Further questions of costs...