NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: MIR Holdings Pty Ltd v Marina Square Retail Pty Ltd [2020] NSWCA 286 Hearing dates: 10 November 2020 Date of orders: 10 November 2020 Decision date: 11 November 2020 Before: Bathurst CJ at [1]; Bell P at [2]; Leeming JA at [49] Decision: Application for leave to appeal refused with no order as to costs. Catchwords: APPEALS – leave to appeal – application for leave – relief sought inappropriate on an interlocutory appeal in the absence of necessary and proper parties CIVIL PROCEDURE – parties – necessary and proper – where third-party lessees of premises not joined to proceedings for relief against forfeiture brought by earlier lessees EQUITY – equitable remedies – declarations – whether capable of being made on interlocutory basis REAL PROPERTY – landlord and tenant – agreements for lease – breach – Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) – where tenants in arrears before the relevant "prescribed period" – leave to appeal refused in circumstances where all necessary and proper parties not joined in proceedings Legislation Cited: Conveyancing Act 1919 (NSW) s 129 Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 (Cth) rr 7, 8 Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) cll 3(2), 4, 6, 9, 10 Cases Cited: Dovuro Pty Ltd v Wilkins (2003) 215 CLR 317; [2003] HCA 51 Graham Barclay Oysters Pty Ltd v Ryan (2002) 211 CLR 540; [2002] HCA 54 International General Electric Co of New York Ltd v Commissioner of Customs and Excise [1962] Ch 784 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1; [2010] HCA 19 Mineralogy Pty Ltd v Sino Iron Pty Ltd (No 6) (2015) 329 ALR 1; [2015] FCA 825 News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410; [1996] FCA 870 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity: Doctrines and Remedies (5th ed, LexisNexis Butterworths, 2015) National Cabinet Mandatory Code of Conduct: SME Commercial Leasing Principles During COVID-19 D Wright, Remedies (1st ed, Federation Press, 2010) Category: Principal judgment Parties: MIR Holdings Pty Ltd (First Applicant) SKRG Pty Ltd (Second Applicant) Marina Square Retail Pty Ltd (Respondent) Representation: Counsel:
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