NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: First Renewable Pty Ltd v Nastevski [2020] NSWSC 1508 Hearing dates: 22 and 27 October 2020, with written submissions made on 23 October 2020 Date of orders: 28 October 2020 Decision date: 28 October 2020 Jurisdiction: Equity Before: Lindsay J Decision: An interlocutory application for relief against forfeiture of a commercial lease dismissed. Catchwords: LAND LAW – Leases – Sublease – Whether, for the purpose of COVID-19 legislation, a sublessee is a "lessee" to the head lessor. EQUITY – Equitable remedies – Relief against forfeiture – Application for interlocutory relief. Legislation Cited: Conveyancing Act 1919 NSW Cases Cited: MIR Holdings Pty Ltd v Marina Square Retail Pty Ltd [2020] NSWSC 1418 at [15] New Dragon Investments Pty Ltd v Morgan & Banks Development Pty Ltd [2006] NSWSC 1139 Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd (No. 2) [2020] NSWSC 1141 Texts Cited: Professor Butt, Land Law (6th ed, Law Book Co, 2010) Category: Procedural and other rulings Parties: First Plaintiff: First Renewable Pty Ltd ACN 627 475 816 Second Plaintiff: Bodhi Satori Pty Ltd ACN 633 393 101 Defendant: Zoro Natevski Representation: Counsel: Plaintiffs: B Lloyd Defendant: Self represented
Solicitors: Plaintiffs: Eakin McCaffery Cox, Lawyers Defendant: Self represented File Number(s): 2020/00297716
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