Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd [2020] NSWSC 996

Supreme Court New South Wales

Medium Neutral Citation: Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd [2020] NSWSC 996 Hearing dates: 27 July 2020 Decision date: 31 July 2020 Jurisdiction: Equity - Duty List Before: Robb J Decision: See par [109]. Parties should confer and submit to the Associate to Robb J, short minutes of order to give effect to these reasons for judgment. Note that the parties may provide additional submissions as per pars [116], [117] and [120]. Catchwords: EQUITY — Equitable remedies — Relief against forfeiture — Leases — decline in business in the context of the early stages of the COVID-19 pandemic — where, at the relevant time, the Retail and Other Commercial Leases (COVID-19) Regulation 2020 was not in force — where, despite a history of late payment of rent owing under the contract, the lessors had the benefit of a substantial bank guarantee which they drew down upon — where, in the circumstances, relief against forfeiture should be granted Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW) Retail and Other Commercial Leases (COVID-19) Regulation 2020 Retail Leases Act 1994 (NSW) Cases Cited: Baby Zone (Aust) Pty Ltd (Administrators Appointed) v Keira Street Ventures Pty Ltd [2016] NSWSC 528 Courtney Creche Pty Ltd v Okko's Fine Art and Custom Framing Pty Ltd (1995) 7 BPR 14,337 Direct Food Supplies (Vic) v DLV Pty Ltd [1975] VR 358 Home Ideas Centre Sydney Pty Ltd v Alem Pty Ltd [2010] NSWSC 695 Kofoo Sussex Pty Ltd v Commerce Building Pty Ltd [2014] NSWSC 1079; (2014) 17 BPR 33,147 Tannous v Cipolla [2001] NSWSC 236 Twinside Pty Ltd v Venetian Nominees Pty Ltd [2008] WASC 110 Wilkinson v S & S Gikas Pty Ltd [2006] NSWSC 1314; (2006) 12 BPR 23,685 Wynsix Hotels (Oxford St) Pty Ltd v Toomey [2004] NSWSC 236 Texts Cited: P Butt, Land Law (6th edition, 2010, Thomson Reuters) Category: Principal judgment Parties: Sneakerboy Retail Pty Ltd trading as Sneakerboy (plaintiff) Georges Properties Pty Ltd (first defendant) Georges Investments Pty Ltd (second defendant) Representation: Counsel: B Lloyd (plaintiff) M Young SC (defendants)