Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd (No 2) [2020] NSWSC 1141

Supreme Court New South Wales

Medium Neutral Citation: Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd (No 2) [2020] NSWSC 1141 Hearing dates: 27 July 2020; 7 and 10 August 2020; last submissions 17 August 2020 Decision date: 26 August 2020 Jurisdiction: Equity Before: Robb J Decision: See pars [102], [153], [158]-[159] and [165]-[170]. Parties should submit short minutes of order to my Associate to give effect to these reasons. Catchwords: EQUITY — Equitable remedies — Relief against forfeiture — Leases — where it was found that the plaintiff was entitled to relief against forfeiture — whether the Court should make any orders concerning compliance with the COVID-19 regime — where the Court does not have jurisdiction to make orders varying the terms of commercial leases that are subject to the COVID-19 regime — where there are various considerations under the Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) and the leasing principles of the National Code of Conduct — where the Court has a discretion to impose conditions regarding the reinstatement of a bank guarantee — where the Court is required to estimate the outcome of a good faith rent renegotiation Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW) Retail and Other Commercial Leases (COVID-19) Regulation 2020 Retail and Other Commercial Leases (COVID-19) Amendment Regulation 2020 Retail Leases Act 1994 (NSW) Cases Cited: Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd [2020] NSWSC 996 Texts Cited: J D Heydon, M J Leeming and P G Turner, Meagher, Gummow and Lehane's Equity: Doctrines & Remedies (5th ed, 2015, LexisNexis Butterworths) Category: Procedural and other rulings 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)