Tip Fast Pty Ltd v Alexandria Landfill Pty Ltd [2002] NSWSC 299

Tip Fast Pty Ltd v Alexandria Landfill Pty Ltd [2002] NSWSC 299

The lease was granted by two landlords over combined parcels as one inseverable lease subject to a single rent; only the conjoint entity is entitled to exercise the right of re-entry. As no notice was given by the conjoint landlords, re-entry by the first defendant alone is premature. The interlocutory injunction is justified as there are arguable issues about rent, landlord identity, and entitlement to re-enter.

Parties
Plaintiff: Tip Fast Pty Ltd; First Defendant: Alexandria Landfill Pty Ltd; Second Defendant: Roads & Traffic Authority of New South Wales
Jurisdiction
Australia
Judgment Date
21 March 2002
Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Outcome
Interlocutory injunction granted and extended on terms.
Legal Topics
Lease by Adjoining Owners, Assignment of Reversion, Re Entry, Set Off of Rent, Relief Against Forfeiture, Statutory Vesting of Right to Sue for Rent
Landlord & Tenant Equity Lease by Adjoining Owners Assignment of Reversion Re Entry Set Off of Rent Relief Against Forfeiture Statutory Vesting of Right to Sue for Rent

Case Brief

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Parties

Tip Fast Pty Ltd

Plaintiff

Alexandria Landfill Pty Ltd

First Defendant

Roads & Traffic Authority of New South Wales

Second Defendant

Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

  1. 1 Whether a landlord who has acquired part of the reversion under a lease granted by two landlords can re-enter for default by tenant
  2. 2 Whether the tenant's set-off claims are available as a defence for non-payment of rent
  3. 3 The effect of statutory assignment of rights to sue for rent under s 117 Conveyancing Act 1919

Ratio Decidendi

The lease was granted by two landlords over combined parcels as one inseverable lease subject to a single rent; only the conjoint entity is entitled to exercise the right of re-entry. As no notice was given by the conjoint landlords, re-entry by the first defendant alone is premature. The interlocutory injunction is justified as there are arguable issues about rent, landlord identity, and entitlement to re-enter.

Court Disposition

Interlocutory injunction granted and extended on terms.

Orders

  • Plaintiff to expedite final hearing.
  • By 22 March, plaintiff to pay $11,201.92 to second defendant and $7,467.94 to first defendant.